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Titles of acts
Acts of the lgovernor and legislative council of the Territory of Florida, passed at the 11th session, 1833
Rules of practice for the court of appeals of the Territory of Florida
LEGISLA IVE COUNCIL
TERRITORY OF FLORIDA,
4$SSED AT THE ELEVENTH SESSION, COMMENCING JANUART THE SEVEN~ p
AND ENDING FEBRUARY THE SEVENTEENTB
WILLIAM WILSON- Territorial Printer.
TITLES OF ACTS.
Chap 658 [No- 1.] An act, in addition to an act entitled an act co.-
cerning divorces amn alimony approved October 31st 1828
(February 4th 1833.)
Chap 659 [No. 2.] An act amendatory and in addition to an act rela-T
ting to roads, highways and bridges parsed IstFebruary 18.2.
(February 6th 183M)
Chap 660 [No. 3.1 An act more effectually to secure the solvency oV
all the banks in this territory, and to subject them to the pay-
ment of damages; if they fail, or refuse to pay specie for their
notes when demanded. (February 6th 1833)
Chap 661 [No. 4.J Art a'ct, regulating the rate of interest.
I (FebruarY 12th 1833.)
Chap 662 [No. 5.] An ct.to authorize the county courts in this Ter,
ritory to appoint inspectors of beef in their respective couM
ties. (February 12thir'1334
Chap 663 [No. 6:] An act concerning estrays,(Eebruary 12t1 33.)
Chap 664 [No. 7,] An act, regulating the mode of proceeAi on at-
tachments. (February 17th 1833.)
Chap 665 (No. 8.] An act regulating appeals in certain cases, not
heretofore provided for b#'law-; (February 17th 1833.)
Chap 666 [No. 9.] An act to previde'Tor apprtal, and writs of error
in criminal cases. (Feburary 17th 1833.)
Chap 6ti7 [No. 10.] An act regulating damapg.on bills of ex.
change. '(February I7th 133.)
Chap 658 [No 11.] An act-in addition toan' act entitled "an actr.ou
corning wills, letters testamentary, and letters of administra-
tion and the dotied ofiadministmtum~id guardians. approved
NovenilfraWtdrlS8 'C U AF ri 74> 1833.)
Chap 669 [No. 12.) An t, to repeal prJM ikiaaid aet speci-
fied. 4. ( 1 S < le33.)
Chap 670 [No; 13.. An act, to repeal am acttarorvide f~Jbe spad
settleneat .o'. the rrearv due the redwity of Plmd ap
'prov.edFq~ar't 12th 1832, afid for other purposes.
S. (Fbbruary 17th 1833; ,
Chap 671 [No. 144 As.actonacoering patrols. .,
..e ** '(PBFeruaruyl7th 8334),
Chap 672 [No. IS ^ acet concerning execations.
', .(February 17th 18334 .
Chap 673 [No. 16] A tact amendatory ofthe several statutes oftli
territory cuaceridhat ttachments and executions.
(February 17th 1833.)
Chap674 [No. 17.}+ A act supplemental to an act concerning lic'
stations of actions passed November 4th 1828j. >
(February 17th 1833.)
?hap 675 [No. 18.)An act to provide for holding an election for del
gate to Congrea, lronamhis Territory, members of the Legis.
letive Council and certain father officers.
(Febnmry a 7wL t*SB
.hap 6'6 [No. 19.j An act relating to les. (Febnrery I1th IBM.).
Shape 677 I No. 20.] An ant concaraing the comrmissioneis if ith Tat*
iahasees fund. (February 17th j-;33.
Shape 678 [No. 21.] An act to establish county courts. and presribe
their jurisdiction. (February 17th 1333.)
6had 679 [No. 22.] An act relating to justices of the peace.
(February 16th 1833.)
ghup 680 [No. 23.] An aot, ariendatorv of the act uf November 21Ar
B]ta, entitled "an act regulating judicial proceedings.
S'eb:uary 1fith 1833.)
Ohap 661 [No. 24 ] An act to change the tune of holding the super
or courlt i i the counties of' Walton, asthington, Jackson, Fay.
ette arld Franklin, (February 2nd 1833.)
Ghap 682 No. 25.] An act to alter the time oftlte County Court of
tiadiden County. (Jauary 31st 1833.)
Chap G63 No. 26.j An act to provide lor an additional term of the
supertir court in hlem;lton County. (February 9th 1633 )
Chap S04 No 27.] An act to prescribe the timebr of holding county
courts in the.County of' onroe. (February Ilth 183.)
hbap665 ,No. 28. Al act to fix the times and place 'for holding the
severall terms o the superior court ofthe District ofEast Flor-
ida tor the County ofD'uval, assau. Aiachua. and Columbia.
(February 9th I633.
Ohap GB6-[No. 29. An act, to establish the enatern boundary. line ot
Jefforsen County. (February 9Lh 1833.)
Chap 287 [Na 30.J An act to define and fi the southern and west-
ern boundary lineoifJacksu County. (February 16th 1833 )
hap. 6f88. No. 31. An aet moreaccurately to deSIne the boundaries of
seFajtte County, and for other purposes. February i6th 1833.
Wbhas 69. No. 2. An act to aMthoize the county court of Nanson
centy to lvy stax, for the purpose of building bridge in
said county. "February 16th 1833."
Ghap 690 'No. 33." An not to provide for the permanent location of
the county site ia on ialton.Cotynd for oilier purposes
"February 16th 1833-"
Ohap 691 "Ne 34'" An act to establish and regalate the rates of pi.
iotage for the St. Johns and Nassau rivers in the Territory of
Florida. "February let 1833-"
Ohap 62 '-No. 35." An pot respecting the public property at SL.
Marks. "Febrndry 16th 1833."
ihap 693 'No. 36." An actamendatory of the several acts providinC
for the btildiing jalJ abyWest. "sFelibrury 17th 1833"
Chap 694 -*No .',AhM t to abolish Atat on hawker and ped.
iers in erats TeaW therein named. "February 15th 1833."
Sthap 695 "No.,38.'- An act to organize and regulate the militia of the
Teartory-of Flidaand to repealas.act.pamssed lt day of
February 18I3, "FebruaWy 7th 1833."
.hap 96 '"No. 39." An act providing for thew estithlishment and or-
ganizing of the St Augustine guards, "February 15th IB33 "
Chap C97 "Now 40." Ac act to incorporate the tubsribers to the Union
Bank ofFlorida "February 13th 1833."
bhap 691 "No. 41." An actamendatory to the several acts incorpo.
ratit'gthe Baik o~ West Florida. "Janunry 23d. 1833."
Chap 699 "-No. 42." An act to extend theitime limited by law for sanb
scribing for the stock *f'the Bank of Pensacacola
"January 23d. 1833."
Obap 700 "No. 43." An at to incorporate the Commercial Bank oW
Finrida. "February 13lh 1833 "
Chap 701 "No. 44." An act, to amend an act entitled "an act to iT.
corporate the Bank of Florida, and to repeal an act to incor-
porate the Bank of Florida passed the 17th of Noveimbc-
1829. "Februnry 1It 183 '
Oap702 "No. 45." An act to icaorpoate the Protesit.t epicoprl
congregntLon at Key West. "February 4th 133."
@hap 703 "No. 46." An act to incorporate the columbia muat compa-
ny of Key West. "Febuary 17th 1833"
Shap 704 "No. 47' An ct to incrorrate the St Johnu and i t Au-
gustine Uanal Company "February 15th 1 83.'
Ghap 705 "No. 45.' An act to incorporate the MarLutanuAcademy.
"February bth 833 "
@hap 706 "No 41". An act to incorporate the Presbyterian congrs
gallon of Tallahassee. "February 16th 1I3."
Shape 707 "No. 5.k'" An ace to incorporate ile town of St marks.
"February IVt 1833."
Ghap 708"No. S1." An act to incorporate the City ol St. Augustine
and to repeal haact entitled "an act to iacurporate'tie City
of St. Augustine approved 11th February id31.
*February 4tb 83W."
hbap 709 "No.62." An act to incorporate tih City of Pensacula, and
to repeal the act entitled "an act to iucorpora teiwr Vity of
Penaacula; andimprovetlhe public roads oi the neighborhood
thereof approved 5th December Idtl "*February A~I. W6j:'
-hap 710 "Np. 53." An act to amn id the several aots incorporating
the town-of Apalachirola: and:r other purposee. .1
"Fbuary 16fh a18334'
4ap 711 "No. 54." An ctin addition to tt several net eqncerplai.
the City of I altahasse, -February 171; 1 t4 "
Qbap 7V *No. &. An actto ineorporfte Seiybl and lairay Towns.
**Febnary. l t.b Z." .'
*hap 713 "No. 56." An ast declaring cold water creek in Escambie
County, a navigable strearn. -'Febu;aiy 9th r133."
Ohap 714 -"No. 57." 'An act to declare Ocelawana river, in tte County
afAlachea and St, Jolis, a navigable stream.
"F'ebuary 16th 1633."
@iap715, "No. 58-" An act to establish a (erry over wawanuee lRs
ver. "January 19lh 1833."
bhap 716 "No. 59." An act to establish a tfery acIoss the VWthlan-
coochy. "Jaauary 25th 1833."
Sha[p 717 -No. 60 An act to establish a ferry over t:ie Wakulla Ri-
ver at dt. ,iarks. "January 25th 1833."
Ghap 718 "No. 61." An act to authorize John M Wright to eaiablish
a jerryy on the Ocklacknee River. "Febuary 15th 1833."
Chap 719' No. 6." An act, to revive and continue in force "an act
authorizing a ferry over St. Johns at JacksonsvitLe.
"Febuary itth 1833."
thap 720 'No. 63." An act to authorize Joahaa A. Coffe and Fran-
cis Faulk to establish a ferry across St Johns River.
"Febuary 16th 1833."
Chap 721 "No. 64." An act to amend an act to authorize the dispoi
wition and sale of certain lands helonging to the heirs of John(
Tanner deceased, and to appoint a Trustee to catrv the same
into effect. "January 31st 133- '
Chap 722 "No. 65." An act for the relief ofthe heirs I'John Collins
deceased. "February 6h 1633."
Chap 723 "No. 66." An act authorizing the conveyance of a tract of
land belonging to the estate or Joseph 1. Sanchez deceased
to the legal representatives and heirs of Jerimiah Ives deceas-
ed "Febuary 15th 1833."
Chap 734 "No. 67." An act for the relief of the children of Joseph
W. and JuliaField. "Febuary 15th 1833."
Ohap 72S "No. 68." An net or the relisfof the legal representatives of
Ja.nai T, lintaggold deceased. "Febuary 15th 1833."
ChJp 726 "No 69" An act for the relief of itachel M Town. widow of
Aihard Totswe oeasd an her safent children.
"Febuary 15th 1833.
Ch(ap 627 "No 70" An act for the relief of Maria Hernandez Dewr
Carre executrix of William Dela Carera.
"February 16th 1833 "
Chap 728 "No 71 An act for the benefit ofthe legal representatives of
John Y Garev deceased. "February 16th 1833,"
Chap 729 "No 72-" An act to-authorize Jane Murray to sell the real
estateof ~eorge Murray deceased. "February 16th 1833."
Chap 730 "No 73" An act authorizing the sale of the real estate of
Dav oyd deceased, "February 16th 1833,"
Chap 731 Aou 74' tn act for the relief of William Hilliard and oth-
ers. "February 6th 1833,"
Chap-32 "No 75 An act for the relief of Allen W, Coleman.
"February 6th 1833 "
Chap 733 "No 76"- An act for therelierofShannon and Ballayh.
"February 9th 1833."
Chap 7,4 'o 77, Anrct for the relief of Jane -ikin.
"February 9th 1833.'r
Chap 735 "No 78" An act for the relief of Francis J. Avice.
"February 13th 1833."
Chap 736 "No 79" An act for the reliefof Allen Faircloth.
"February 16th 1833.
Chap7*T"No 80" An act for the relief of Joseph F. Wachob,
06 "Februaryl6th 1833
Chap 738 No 81" An act for the relief of Benjamin G, Thornton an6
Jesse H. Willis, "February 17th 183
Chap 739 "No 82" An act to provide for the compensation of the of
ficers ofthe council and for other purposes,
"February 17th 183a,
.GOVERNOR AND LEGISLATIVE COUNCIL
TERRITORY OF FLORIDA.
Passed at the Eleventh Session begun and held at the City of
Tallahassee, on Monday January the seventh 1833, and
ended Sunday February the seventeenth 1833.
WILLIar P. DVAt.. Governor.
JAMES L). WESTCOTT JR. Secretary of the Territory.
JOHN P. BOOTH President of the Conncil.
JoasIH B. LANCASTIR, Chief Clerk.
Cap.,668 [No. 1.] AN ACT in addition to the the act entitled, an act
concerning divorces and alimony, approved Octebcr 31, 1828.
Sec. 1. Be it enacted by the Governor and Legislative
See Chap.24, Council of the Territory of Florida, That in all cases of di-
6, 185, vorce, if the party against whom the complaint is made shall
4S 423. reside out of this Territory, or have removed, or shall after the
cause of complaint have arisen, remove out of this Territory,
so that ordinary process cannot be served, or if served the par-
ty cannot be compelled to appear and answer or plead, it shall
and may be lawful for the superior court on bill filed, and due
proofthat the defendant resides out of the Territory, or hath
removed as atoresaid to order a hearing on the facts charged in
Lbsent defend. said bill and thereupon to pass a decree in the same manner as
aenrt if the defendant had appeared and were present in court; Pio-
vided, that a copy of the said order for the hearing, be published Court may or.
in some public newspaper of this Territory, for the space of der hearing
three months at least, or tor a longer time if the said court shall
so direct, before the day appointed for said hearing: or provided,
that a copy of said bill and a copy of said order for the hearing,
duly certified by the clerk of said court, shall have been actually Order.publish.
served upon or delivered to said defendant at least three months ad.
or for a longer time; if the sard court shall so direct, before the
day appointed for the said hearing. But in every such case be- or onaetual r
fore or at the said hearing, satistactoty evidence shall be produ- vice.
ced to the said court, that the said notice by publication in some
newspaper or by a copy of said bill and order, actually served
upon or delivered to the said defendant, has been duly given as proof thereof.
directed by this act, or in default thereof no decree against the
said defendant shall pass. 4t is also further provided, that the
said defendant after such notice may at any time before or at decree.
said hearing appear and plead or answer to and defen[ against
Passan, January 31, 1933.
APPROVED, February 4, 1833.
CaPs. 659. [No- 2.] AN ACT amendatory, and to addition to an act relo. [See Ctanp.61S
ting to roads, highways and bridges, passed 1, Fcdruary lj32. and acts there
SEc. 1. Be it enacted by the Governor and Legislative
Council of the Territory ot Florida, That it shall baL the duty of, county courts
the county courts, in each of the counties of this Territory, on toappouinttlr'e
the first monday in March next, and annually ther fter, to ap- c'm sioners
point three fit and proper persons in each justices district, one district.
of whom shall be a justice of the peace, as commissioners of
roads and bridges, who shall take an oath before the said court, oath,
or some justice of the peace, faithfudy to discharge their duties
as such Provided however, that should any county court, fail
to make said appointment at the time above directed, they .-shal
as soon thereafter as practicable~oceed to do the same.
Sec. 2. Be it further eaaeted, 'That it shall be the duty.of the commiiener
said commissioners to lay offithe roads in their respective dis'- to lay off roads
tricts, into load divisions of convenient length; and apportio aptio hands
the hands, liable to work on the same, and appoint a fit and pr~ W appoint over,
er person is overseer to work Oti each of said roadbdivisions, seers
SEC. 3. Be it further enacted, That~all able bodikd freer white
males between the age of sixteen and forty-tive years,..desidents
of any county id'this territory for twenty days, aur'al able bod-
ied male slaves, free negroes and mulattoes, between the-age of
ffteen andfiftyryear redmltlWas aforesaid, shall be liable and,
subject to work on the public roads, and highways, in such coun-
ties; Provided however, that all regularly licensed or ordained
preachers of the gospel, all. teachers of seminaries of learning,
who exempt post masters, millers, ferry men, lig4.house keepers, pilots and
their crew shall be exempt (rona'working.onathe public roads in
SEC. 4. Be it further enacted, That all ooiunissioners and
commissioners overseers so appointed shall serve for. one year. ot until others
and overseer to are appointed, and they, or one hand for each of them if they are
serve 1 year not liable to do road duty themselves, ohaJl be exempt .fbom any
other-road duty for the time being and, 4halh,reqeive no other
nalety for ne- conpensoion for their services; and evetfyovereer so appoin.
by overseer ted who shall refuse or neglect to do 'heir duty as directed by
the act to which this is an amendment, shall fbrfeit'fir very such
offence ttq dollars, ta-be recoveredpby warrant, from. under the-
hand afid seal of one of the commissioners in.#he same district,
y to be pafi to, the county treasurer for county.ptrposes ; and ev-
penalty for ne- ", ,
glect odutyby cry commissioner so appointed, who shall refuse or neglect to
commissioner discharge the duties required of him-by tliasact, shall forfeit and
pay *tenty dollars, to be recovered by warrant from under the
how recovered hand and seal of a justice of the peace in said district and paid
to the county treasurer for county purposes.
SEC.' 5. Be it further enacted, That the said commissioners.
cominisioners shall.have power toiorm their own meetini1, adopt theirown
powers rules and regulations,and collect lines, which shall be paid over
to the.countftreasurer for county poses.
former laws re
SEc. 6. -Bb it further enacted, That all-laws and part of laws
militating against the true intent and meani of this act, be and
the sime are herohy repealed.
PASSED F'eb. 4i 1833.
ArriovarnFeb. 6, I 3S.
CaH?. 660, [aNo. 3,1 AN ACT more effectially lo' ure the solvency oe
all the Banlks in this Territory, anrl abjectthem to the paymentof damages
if they tailor recluse to pay specie for tieir qutes when demanded,
Sac. 1. Be it enacted by ihe Governor aud Legislative coun-
'i!of the Territpry of Florida, That from and after the passage
"otihis act, i shall be the duty SZ the President and directors of
Banks to makl eachinco&rted, bank or incorporated company exercising
return to gov hankingprivileges in this Territory, tQ make annual return on
I Nov, annual- the first Mondav in 'November in every, year, of the names of
'y the stockhol6r., the amount of stock owned by each individual,
or company, and the amount q[('pey actually .paid into the
fundss of each bank on each share respectively, and forward the
same to the Governor for the time being, to be laid before the
Legislative Council at its iiira session threeatier. s
bSc. 2 And be it further enacted, That it shall be the duty of t euteent:o
the president and directors turt said, and they are hereby requi-
red to Live a minute statement of the standing and management
of each incorporated bank or company, exercising banking priv-
ileges in this territory, and their branches, onr the first Monday
in November next, and annually thereafter, and forward the
same to the Governor tor the time being, shewing particularly
the amount of bills on other banks, the amount of gold and sil-
ver and bullion in their vaults, the amount of debts due them at What to can
the north or elsewhere, which may be denominated specie funds, t,in, etc.l
the amount of active or running paper, the amount in suit, the
amount under protest and not in suit, and clearly shewing what
amount of all the debts aue the bank is considered good, what
amount doubtful, and what amount is considered bad, and lost
to the bank, the amount of issues by each bank, the amount of
bills in circulation, and the amount of bills of said bank in cir-
etulation on the amount of deposit, and the highest amount due
and owing by each bank, the amount of property of every de-
scription, real, personal or mixed, and of oliSets of every liid
held by them respectively oa: the day aforesaid, which return
shall be laid before the Legislative Council in the manner pro-
vided in the preceding section.
SEc. 3. And be it tifrther enacted, That should the president On failure gov
and directors of any one or more of the aforesaid banks, fal to to noilfy trea-
comply with the spirit and true intent and meaning of this act, suer
it shall be the duty of the Governor for the time being to notify
the treasurer of this territory, whereupon it shall not be lawful
to receive the bills of any such delinquent bank or banks, in
payment of any debts due to the territory i And it shall be the Treasurer to
duty of the treasurer to issue a circular to all the tax collectors issue and pub~
and auctioneers and other persons, who may be intrusted with lish lar
the collection of the revenue, directing them not to receive the
bills of such delinquent bank or banks, until they shall have
made such returns as are required by thiact-the said circular
to be published in the several newspapers of the territory.
Sec. 4. And be it further enacted, That the notes and bonds Note payable
hereafter made payable at and discounted by any bank, shall at Banktocon-
when transferred to any other bank continue payable in the bills tinue payable
of the bank at which they were so made payable and discounted there.
in the same manner and on the same principles as if they were
holden by the bank at which they were made payable, and by
which they were discounted : Provided, that nothing herein con-
tained shall be construed to take away from any bank any rights
which are secured to it by the provisions of its charter.
SEc. 5. And be it further enacted, That all returns required Retarn tob
to be made by this act, shall be made on the oath of the press- made on cah.
dent and cashier of the respective banks, and a copy of such
oath -hall ac'ornmp ny and be appended to said return.
SEC. 6. And be it further enacted, That when uny bank now
incorporated, or which may hereafter be incorporated in this ter-
ritory, shall fail or refuse to pay specie for any of its bills, notes
drafts or other writing for which :hey may be bound when de-
manded by any individual or individuals and held as his or
their own property, upon suit thereon such individual or individ-
uals in addition to the lawlul interest, shall recover ind receive
twenty per centum damage tor such retusal or failure upon the
amount .so refused or failed tobe recovered in specie Provided,
that nothing in this act, shall be so construed as to authorise any
bank or other incorporatedd institution or broker to recover the
damn:ies contemplated by thi4 act.
PASSED Feb. 7, 1833.
APPROVED Feb. 9, 1833.
(,See Chapters ena 661. [No. 4.] AN ACT regulating the rate of interest.
458. 468. 597,
a teda there SEC. 1. Be it enacted by th3 Governor and Legislative coun-
cil of the Territory ofFlorida, That from and alter the passage
The rateof in- of this act, no purso i or persons shall upon any contract what-
terestno more ever, take directly or indirectly, for the loan of any money,
n te wares, merchandise, bonds, notes or other commodities, what-
soever, above the rate of ten dollars, for the loan of one hun-
dred dollars for one year, and after that rate for a greater or less
sum, or for a longer or shorter time, and all bonds, contracts,
covenants, conveyances or assurances hereafter to be made, for
payment or delivery of any money, goods, wares or merchan-
dize to be lent, on which a higher rate of Interest is received or
taken, than is hereby allowed, shall forfeit the amount of said
interest Provided, that when no rate of interest be expressed,
no higher rate than giper centum shall be charged.
SEc. 2. ie it further enacted, That every person who upon
any contract shall take, accept, or receive, by way or means of
Penalties forta any corrupt bargain.loan, exchange, or shift of any money,goods,
king morethan wares. merchand.zp, or lands, notes or other things whatsoever,
eon per. cent. above the rate of ten Qellars for the forbearance or giving day
of payment, of one hundred dollars for one year, and so after
that rate for a greater or less sum, or for a longer or shorter
time, and so after that rate or proportion for goods, wares, mer-
chandize, commodities bonds or notes, when such shall be lent,
contracted or agreed for, taken, accepted or received, shall for-
feit and loose for every snch offence, the whole amount of inter-
eat then due, o@e half of which for the future shall be paid int4
Tor nut paying
notes in specie
the treasury of the county in which such oTence shall be co-n-
mitted, and the othei half to ;irn or them who will intern nd
sue for the same, to be recovered with costs by action of debt
in any court of record in this territory : Provided, that if the
borrower should be the informer as atoresaid, then and in that
case, the whole amount thus recovered shall be paid into the
treasury for the use of the county.
SEc. 3. Be it further enacted, That when any note, notes, Obligor exoa-
erated nl ( ase
bond or bonds, shall or may be upon or on account of any usu. or usurious in.
rious contract, the interest on the same shall be void, and the ter.st made
obligor or obligors, forever exonerated from the payment of th,) competentwit-
same, and the obligor or obligors shall be deemed by this act 'neses.
competent witnesses to prove the usuriou4 ,ionsiseration o0' any
such note or notes bond or honds : Provided ths act shall not
be construed so as to prohi >it the sale of notes or bonds which
mav have been fairly and bonafide given, and not given lor the
purpose of evading this act.
Sec. 4. Be it further enacted, That in all cases whatsoever
when any suit or action shall be brought in any court of recuordin
this terri:ory, touching or concerning any usurious bond, sp,- Oath to be ad-
eia!ty, pronuise or agreement, the borrower or party to such usu- certain ase.
rious bond specialty, promise or agreement, from whom such
higher rate of interest is or shall be taken shall be a good and
sufficient witness to give evidence of such offence : Provided,
that if any person against whom such evidence is offered to be
given, will deny upon oath, to be administered in open court, the
truth of what such witness offers to swear against hin, then
such evidence shall not be admitted, and if any witness or party
shali forswear him or herself in any such matter, and be thereof
lawfully convicted, he or she shall suffer tll the pains and penal-
ties by law inflicted on persons convicted of wilful and corrupt
Ssc. 5. Be it further enacted, That from and after the first Disqualifica
day ot March next, any person or persons who shall be law- tion of person
fully convicted of violating this act, shall be and is hereby forev- volatg this
er disqualified from being a director of any bank or hanks in
this territory, and any person or persons who may after the
passage of this act, be elected or chosen director of any bank
in this territory, before entering on the duties of his office, shall
take the following oath to wit: I do sremnly swear
(or affirm) that I have not, either directly or indirectly, violated
the act entitled, an act regulating the rate of interest," nor
will I be guilty of violating said act, directly or indirectly whilst
I continue in the office of director, so help me God.
SEC. 6. Be it further enacted, That it shall be the duty of
the Judges of the superior courts to charge the Grand Juries Duties of su-
of their respective counties within their districts, to present all strict &or'es
and every person who may violate the provisions of this act, in relation to
that may come within their knowledge, and on every such pre- this act.
INSPECTORS OF BEEF.
sentiment it shall be tht duly of the district attorney to prosecute
the party presented for the amount of interest by this act for-
feited, eithe- in an aotiol of debt in the name of the territory,
or upon information filed, and in every such case when the said
district attorney shall prosecute the said action or inform-ition to
effect, there shall be taxed in his tavor in the bill of costs against
the defendant a fee of fifteen dollars.
Stc. 7. Be it further enacted, Fhat all laws and parts oflaws
conflicting with the true intent and meaning of this act, be and
when in force. the same are hereby repealed. And that this act shall be in full
force trom and after the first day og March next.
Passed Feb. 61h 1833.
Approved Feb. 121h 1833.
CGAP. C62- (No. 5,) AN ACT to authorize the County Courts in this Ter
ritory to appoint inspectors of beefin their respective Counties.
County courts SEc. 1. Be it enacted by the Governor and Legislative Coun-
spetursofbeef cil ofthe Territory of Florida, that in each and every county in
this Territory, where a butchery is, or shall hereafter be estab-
lished, for the purpose of preparing beef for exportation, wheth-
er the same be on foot, or jerked, or salted, or otherwise pre-
pared, it shall and may be lawful for, and is hereby declared to
be, the express duty of the County Court, to appoint a beef in-
specter or inspectors as may be most convenient; whose duty
it shall be to perform the services hereinafter mentioned.
SEc. 2. Be it furtherenacted, that it shall be the duty of the
beef inspectors thus appointed punctually to attend upon short
notice, at such butchery, on each and every occasion. when
beeves are delivered there, to. the proprietor of the same or his
tttiesofthein agent, and to register in a book by him, (the inspector) to be
specters. kept for that purpose, the artificial marks and brands of each and
every beast delivered, as well also as the material marks and
age of each beef, as nearly as practicable, together with the
name of the person from whom purchased.
Sac, 3, Be it further enacted, that it shall be the duty of the
f Duties of the said beef injectors respectively, once in three months, to make
clerkofthe co. and return *o the clerk of the county court of the county where-
Boar, in such butchery is situated, a true copy of all his entries in his
said book, and a true statement of all his proceedings in his said
office; and it is hereby declared to be the duty of such clerk to
file the same for the inspection of all persons applying there-
SEc. 4.Be it further enacted, that it shall be. the duty of each
and every person or persons engaged in butchery, or otherwise
preparing beef for exportation. as aforesaid, after the anpoint.
ments of inspectors as aforesaid, upon, and at the time of receiv- Penalty for
ing any beef or beeves, from any person or persons, to call upon onmcol,:ia'ce
some one of such inspectors, and notify him to attend, and take with this act.
the marks and brands as required by i;v oe tho beef or beeves so
about to be received, and if such inspector shall thereafter fail to
attend promptly, he shall the call upon tvo disinterested and
respectable persons of the neighborhood to perform the duties
of inspector. And any person so engaged in butchery, who
shall fail to perform the duties hereby enjoined, shall for every
offence forfeit and pay to such person ais hall m-ike complaint,
the sum of one hundred dollars to be recovered in action of
debt, one half to the complainant, and the other half to the coun-
ty, when the said action is prosecuted to judgement.
SEC. 5. Be it further enacted, that the several beef inspectors
hereby appointed, shall be sworn to discharge the duties ot their
respective offices before entering upon the same. And if at a-
ny time any personn engaged as afthre'aid, in butchery orotherwise
preparing beef for exportation, shall give notice to any inspector
to attend at the butchery for the purpose herein before express.
ed, and if said inspector shall lail or sefuse toattjnd except for
some reasonable excuse, such inspector shall forfeit and piy to
said person for whose use and in whose name the .said butchery
is conducted, the sum often dollars to be recovered by action
of debt before any justice of the peace in the district where said
SEC. 6. Be it further enacted that the county court in each Count
county shall have power to fix the rate of allowance to be fix tie rate
made to beef inspectors tor the duties hereby enjoined, the one ofallowanceto
half whereof shall be paid by the purchaser, and one half by the inspectors.
seller of any beef or beeves: paying due regard to the amount
of business to be done by, and at any butchery, so as to make
the allowance reasonable and no more.
SEC. 7. Be it further enacted that this act shall be in force when in force
from and after the first day April next.
Passed Feb. 7. 1833.
Approved Feb. 12. 1833.
Chap. 663 (No. 6.) AN ACT concerning estrays, a acts there
SEC. 1. Be it enacted by the Governor and Legislative Coun- cited
cil of the Territory of Florida, that from and after the passage What persons
of this act, it shall and may be lawful for any person, on his own authorized to
freehold or improvement, or other person having charge of each n iakl estra
of such freehold or improvement, in the absence of the owner manner
thereof, and not elsewhere, to take up all estrays, whether hnrse,
mare, colt, filly, ass, mule, or neat cattle, sheep, goat or hogs,
that may be found straying away from tneir owners ; and every
person taking up estrays as above, shall within ten days in case
such estrays have been broken to service, take or drive, it or
them before a justice of tbh peace in the county, whose duty it
shall be and he is herebv required to take down in writing a
particular description ot the ,larks natural and artificial, brands,
stature, age and colour of every such stray or estrays ; and im-
mediately to issue his warrant to two or more p-rsons of the vi.
cinage commanding them, having neen first duly sworn thereto,
well and truly to appraise, -r ascertain the value ot such estrays,
which appraisment or valuation and description as above, to-
gether w:th the name oftho taker up. and his place of abode,
the said justice shall within ten days transmit to the clerk of the
county court of said county, having special care that the prison
or persons taking up such estrays, do solemnly swear or affirm,
that he or they have not altered or caused to be altered the
marks or brands of such estrays, and to the best of his know-
edge and belief uch mark. or brands have or have not (as the
case may be) in any case been altered, and that the owner to him
or them is unknown.
Sac. 2. And be it further enacted, That in case any person
tode of adver shall take up any such estrayed neat cattle, sheep, goats, or
rising and ap- hugs, he shall cause the same to be viewed by a householder,
praising stray in the county inwhich the same shall happen, and the taker up
shall be compelled to advertise said est.ay at least ten days at
the place of holding justices courts in said district, prior to toll-
ing, and shall immediately thereafter go with such householder
before a justice of the peace for said county, and make oath be-
fore him, that the same was taken up at his plantation or place
of residence in the said county, and that the marks or brands of
such estray hiva not to the best of his knowledge and belief been
altered; and the said justice shall, take from the taker up and
householder upon oath, a particular and exact description of the
marks, brands, collar and age, of all and every such neat
cattle, sheep, goats or hogs. and such justice shall, in manner
as a above directed, issue his warrant for the appraisment of.such
estrays ; which description and valuation, shall by said justice,
within ten days be transmitted to the clerk of tie county court
by him to be disposed of as herein after directed.
SEC 3. And be it further enacted, That it shall be the duty
justice of the of every justice of the peace, before whom any estrays shall be
peace to keep carried as aforesaid, to enter a true copy of tle surtificate by
a Copy of the
eerfica:etran him transmitted to the clerk of the county court, in a hook to ie
mitted to the by him kept tor that purpose,
clhrk of theco SEc. 4. And Ie it turlhor enacted, That it shall be the duty
court, of th clerk of the county olort in each county in this Territory,
and he is hereby required to receive and enter in a book by
him to be provided and kept for that purpose, all such certifi-
cates of description and apprrisment, as to him shall be trans- a book to be
muted from the respective justices in the county; and it shall al- ke, by in,. c'k
so be the duty ol the said clerk of the county court, to affix a t, eante-c :ri-
copy of said description and valuation to the court house oi his cateofd".scrip-
county for two successive terms of the county court, after the t'io, ec.
sami shall have been transmitted to him.
SECe 5. And be it further enacted. That it shall be the duty
of the taker up and he is heseby required to bring to the court howetrays a
house or place of holding court in the county inJwhich he resides, of.
and deliver to the clerk of the county court every such estrayed
horse, mare, colt, fill), ass or muie, on the first sherrifls sale
day, that shall happen after the expiration of twelve months
from the tune of entering such estray with the justice of the
peace: and it shall be the duty of the clerks of the county
courts of their respective counties in this Territory, to proceed
to sell such estrays as aforesaid.on the day alotesaid between
the usual hours of sale for the ready noney to the highest bid-
der; which money he shall pay over to the county treasurer
for county purposes, after defraying the charges, or fees herein-
aftet directed : and every taker up who shall neglect or refuse
to comply with these requimitions :hall be liable for double the
amount of the appraismnent to be collected by execution under
the hand and seal of the clerk of the county court respectively
by order of the presiding justice of the county court, at the next
term thereafter, and the said forfeiture when collected shall be
applied to the use of the county after deducting the legal fees.
SEc. 6. And be it further enacted, That in any case any per-
son shall take up as aforesaid any neat cattle, sheep, goats, or whes no sewa-
hogs, and no person shall appear and make satisfactory proof erappears with
within three months that the said estrays are his or their proper. in three month's
ty, the justice of the peace, having given two days notice by ad- eytrys be
vertisement in two of the most public places in the justices dis-
trict, werein he resides, shall proceed to sell the said estray by
his constable upon one of his regular court days, between the u-
sual hours for ready money, to the highest bidder,and it shall be
the duty of the justices of the peace of the several counties of
this Territory, and they are hereby required to pay to the trea-
surer of the county of their respective counties of each term of
said court, all monies in their hands that have arisen from the
sales of estrays as aforesaid deducting five per centum for com-
missions, and such other charges as are allowed oy law; and
monies so paid shall'be subject to the order of the presiding
justice of the county coort.
Sgc.7. And be it further enacted. That if any person or per- Presiding J.
sons shall within twelve months from the time of such sale to return the
prove to the satisfaction of the presiding justice of the county money arising
court, that the property so sold was his or their own, or that of ofrestra sae
bis or their employers (au the case may be) in that event the certain eas.
presiding justice of the county court shall after deducting the
fees and charges hereinafter described direct the money arriving
from such sale to be paid to the claimant of said property.
SEc. 8. And be it further enacted, That the justice of the
peace, for his services as above, shall receive from the taker up,
eeasofthe at the time su.h estray or estrays shall be brought before him
P. or descriptionn or valuation presented to him as above, the" sum
ofseventy rive cents for each horse, mare, colt, filly, ass, or mule,
and the sum of six and a quarter cents for each head of neat cat-
tle sheep, goats or hogs
Sac. 9. And be it further enacted, That the taker up of such
estrass, shall as a compensation tfr maintaining and keeping the
same, put them to immediate service ( if capable of service, and
if incapable or if he should prefer it, receive from the owner if
reasonablecom claimed or from the county court if sold, a reasonable satisfaction
pelnsation to ta to be adjudged by the clerk of the county court and a justice of
er up of em- the peace of the county, according to the circumstances of the
trays' case; provided nevertheless, in case of putting such estray to
labour, he shall be bound to produce the same to the owner, if
claimed or to the clerk of the county court if sold (casualties ex.
cepted) in as good condition as when appraised.
SEc. 10. And be it turtber enacted, That upon the delivery
of any such estray to the legal owner ; or in the case of sale,
upon the sale thereof, the taker up shall receive from the owner
charges to or the clerk of the county court, as the case may be, the sum of
paid the me. one dollar for each horse, mare, colt, filly, ass, nule or ox, in ad-
dition to the sum by him paid to the justice of the peace, and
the sum of twelve and a half cents for each head of neat cattle,
sheep, goats or heg-, in addition to the sum above mentioned far
the keeping and maintaining the same.
Sec. 11. And be it further enacted, That the clerks of the
tes ofthe c'k county courts shall, respectively for the receiving, entering and
f the c. c for publishing every certificate and as above directed receive the
sum of six cents, to be paid by the owner'claiming the pro-
perty, or deducted from the moneys, arising from the sale of
such property; and the further sum of five percentum upon
the balance of such money as a compensation for selling or col-
lecting and paying,
Sac. 12. And be it further enacted, That it shall be the duty,
of the clerks of the county court in each county in this Territo-
.eaat.ofsale ry to render to the presiding justices of their respective coun-
obe made by ties annually, a true statement of all monies arising from the
etlrk. sales of estrays, as aforesaid, accompanied with the proper
vouchers; and exhibit a correct statement as atoresaid to the
grand jury of their respective counties at every fall term thereof,
SEc. 18. And be it furtherr enacted, That if any person or
psaalytornc persons taking up any estray as aforesaid and failing or neg-
with the act letting to comply and fulfil the true intent and meaning of this
-ct, and being thereof duly convicted before the presiding jus-
tice of the <-ountv court, shall for every such offence forteit and
pay a sum equal to double the value to.such estray so neglected
to be tolled and advertised as aforesaid, to be recovered by suit,
or action at law by any person who may prosecute tor the same,
and half of the sum so recovered to the use of the informer, the
other half to the use of the'county.
SEc. 14. And be it further enacted, That if any justice of
the peace or clerk of the county court, shall refuse or neglect
to perform the duties required by this act, such justice of the justices orrePk:
peace or clerk of the county court. so neglecting or refusing, fnuing to per-
shall for every such neglect or refusal forfeit the sum of ten dol- form, liable to
lars, one moity to be paid to-tho party informing and the other due.
moity to the use of the county where such offence shall be com-
mitted, to be recovered by action of debt in any court having ju-
risdiction of the same and shall moreover be liable to an action
of damage to the party injured.
SEc. 15. Be it further enacted, That the provisions of- this Not to extend
act shall not be held to extend to any court in the southern dis- to southern di-
trict of Florida. trict.
Sac. 16. And be it further enacted, That all laws and parts Repeaiing
oflaws now in force, so tar as they conflict with the provisions claue.
of this act, ne and the same are hereby repealed.
Passed Feb. 5. 1833,
Apptored Feb. 12. 1833.
C ,aa, 644 (No. 7] AN ACT regulating the mode of proceeding on at [see chap. 4.A
tachments. 498. 646 etc.
SEc. 1. Be-it enacted by the Governor and Legislative Coun- Justices of the
cil of the Territory of Florida, That it shall be lawful for any peace tF grant
writs of attach.
clerk of the superior or county courts of this territory, or or meant in certain
any justice of the peace,.to grant writs of attachment, directed cases.
to the-marshal, sheriff, constable, or other officer, commanding
him to attach and take into custody, so much of the lands, tene-
ments, goods and chattels, of the person or persons against
whose property, the said writ of attachmentiis issued, as will be
sufficient to satisfy the demand of the plaintiff it -attachment.
SEC. 2. Be it further enacted, That such writ shall in no When suci
case be issued, unless the party applying for the same, his agent, writs shall bo
or attorney, shall make oath in writing before such clerk or jus- issued.
tice of the peace, that the amount of the debt, sum or property
claimed is actually due, and also that his or her debtor is actual-
ly removing him or herself out of the territory, or resides beyond
the limit of the same, or absconds or conceals him or herself,
so that the ordinary prices of the law cannot be served upon
bun or her, or that his her or their debtor, is removing his, h *r or
their property beyond the limit- of the territory, or so secreung
or disposing of the same, that the party claiming will be likely
to lose his, her or their debt or demand.
SEc. 3. Be it further enacted, That whenever any person has
oatntobetaken reason to fear that property to which such person may have a
,e claim, but which is ri the possession of another, is about to be
taken beyond thejurisdiction of the court, he may make bath
that the property legally belorms to him, the said first mentioned
person, and that he has reason to believe and does believe,'that
unless withheld by the writ of attaChment the said property will
be taken beyond the jurisdiction of the court, in which case it
shall oe lawful for any clerk of the superior or county court of
this territory, or for any justice of the peace, to issue a irit of
attachment in the manner provided for by the firstaection of thiu
SEC. 4. Be it further enacted, That when administrators or
executors reside, or have removed beyond the limits of this ter.
knere adminis- ritory, and there are assets or other property of the testator or
trators and exn-i
cutors and not- intestate in this territory, it may be lawful for any person having
residents. claims against the estate uv' the decease, to take out an attach-
ment ior toe same, upon making the oath herein before required
o! the existence of the debt, or demand, and of the residence or
removal nevond the territory, of such admmiatrator or executor:
Provided, however, that this section shall not be construed tc
apply to such cases where any-nonresident administrator or ex-
ecutor, has any autnorised aid publicly known agent in this ter.
ritor v, ir where process can be served, unless an effort is made
to withdraw any such estate of any deceased person from thi:
Sec. 5. Be it tirther enacted, That executors and adminis-
tratora, whose letter: testamentary, or of administration wer-
.Administrator granted in any state or territory -within the United States, and
aui out wr't of who have clans and demands as such, against parsons residing
aitacthmcLu in the Territory of Fierida, where sucii claims and demands
originated in the jurisdiction of the state or territory where such
letter- testamentary or of administration were granted, may and
are hereby authorized to sue out attachments agreeably to the
provisions of the w-\ now in force, regulattne attachments, as if
their letters ti miiiuentarv or of administration had been granted
in mie Ferritory of Florida: Provided, that a certified copy of
such letters testamentary, or of administration, under the sea'
ot ti- court, in which the same were granted, shall be present
ed as Pvidence in such case.
party suine OL: C G. B. e it further enacted, That before the issuing of an:
w Friit ut! lt ,-
w"I. I) c'. writ o attachment, the arty ap;)iyinz for the same, shall nr
Dn u aUu acic- nIri-l;. nis aent or attorney. enter into bond with two or mor
cp" cumt'ic'r seeurtte-, in a sum douie the amount of tho dcb,
':im, or property claimed, payable to tre defendant, condiaunea,
'hat the said plaintiff will pay all eosts and damages which may
3e occasioned by the issuing of said attachment, on failure to
prosecute the same successfully to judgment.
SEC. 7. Be it tifrther enacted. That the following snail be
ihe form of the writ of attachment. obrm i tor
In the name of the Territory of Florida: wnt.
To You are hereby
required to attach, and take into your custody, so much of the
sands and tenements. soods, and chattels, of
as will be sufficient to satisfy in the sum of
and costs, and that you make return of this
writ o!r before the day of
And the firm of the bond shall be as follow :
Know all men by these presents: That we. A. B. C. D.
E. F. are held and firmly bouna unto in the sum
if for the payment wnereof. we bind ourselves, our F
heirs and assigns firmly, jointly and severally, by these presents. bond.
The condition of the above obligation is such, that wilereas the
said is about to sue out a writ of attachment
against the goods and chattels, lands and tenements of the said
Now if the said shall well
and truly pay or cause to be paid, all costs and damages which
may be occasioned by the issuing of said attachment, on failure
to prosecute the same successfully to judgment, then this ubi.
nation to be null and void, else to remain in full force and virtue.
A. B. LL. s.]
C. D. ( L. .]
E.F. [r. s.j
SEc. 8 Be it further enacted, That affidavit may be made, atfidavitmaye
and writs of attachment issued, as herein before mentioned, at made I attach-
any stage of the cause, concerning, any property, dabt or de- "et iaed at
mand claimed as aforesaid. cause-
SEc. 9. Be it further tinacted, That the service of a writ of
attachment, shall not operate to dispossess the tenant of any
lands or tenements, but such service shall bind the property at- how for attach
tached, except against pre-existing hens, but the judgment in a menut are to
suit commenced by attachment, shall be satisfied in the same bind property.
manner, as- other judgments obtained at the same term of the
court are, or shall be satisfied out of the lands and fenements,
goods and chattels, generally, oa the defendant in attachment:
Provided however, that judgment rendered against any garnishee
or garnishees in said suit, shall be appropriated exclusively to
:he satisfaction of the judgment rendered against the defendant,
commenced by attachment as aforesaid.
SEC. 10. Be it further enacted, That when a suit is com- duty of ofisler
menced by attachment as aforesaid, it shall and may be lawful serving wnrtof
or the office executing such writ of attachment, to serve upon ttaahmea
the person or persons, who may be named by the said plaintiff
as garnishee or earnishees. a notice requiring such garnishee or
garnishees to appear at the term of the court, where the said
cause is to be tried, to set forth upon oath what goods,chattels,
rights and credit, money,and effects belonging to said defendant,
were in his her or their hands, power or control, at the time of
the service of such notice; and in what --sum he or they were
indebted to the said defendant at the time aforesaid ; and'upon
the answer so made by the garnishee orgarnishees, it shall and
may be-. lawiul for the said court to give judgment against the
said garnishee or garnishees, for the amount by him or them
confessed to be due to the said defendant, in attachment and
execution, may issue for the same in ifvor of tho plaintiff, in
such attachment: Provided, that said garnishee or garnishees
on giving full and sufficientasecurity for the debt, adjudged
against him or them, may be entitled to a stay of execution on
the same, for the term of one hundred and twenty days ; also
provided, that the stay hereby allowed shall not exceed thirty days
in cases before justices of the peace, and the court shall have
power to punish such garnishee or garnishees for a contempt
for not appearing at the time fixed in said notice.
wie for Sec. 11. Be it further enacted, That if any garnishee or gar-
oaegarnishee. nishees shall deny npon oath, that he she or they have any goods
or effects,.of such defendant, or that he or they are indebted to
such defendant; or if the plaintiff in such attachment shall be
dissatisfied with the statement of such garnishee or garnishees,
it shall be lawful for the plaintiff to make up an issue with such
garnishee or garnishees ; and a jury shall be summoned and a
trial had as in ordinary suits at law.
SEC. 12. Be it further enacted, That all personal property
Personal pro levied on by attachment, unless replevied shall remain in custo-
pertylevied on dy of the officer who shall attach the same until the judgment
toremain inthe of the court shall have been pronounced, but when the property
custody f the attached, shall be of a perishable nature, it shall and may be
lawful for the clerk or justice of the peace, who ordered the at-
tachment, in vacation as well as in term time, to grant an order
for the sale of such property, after such public notice as to the
said clerk or justice of the peace shall seem expedient, and the
process of such sale shall be paid into court, and abide thejudg-
when property ment thereof.
attached may SEc. 13. Be it further enacted, That the property so attach-
be replied. ed may at any time be replevied by the said defendant or some
other person for him, giving bond to the officer levying such at-
*achment payable to the plaintiff, with good and sufficient secu-
rity to be approved by such officer in double the amount of the
debt, sworn to by the plaintiff, conditioned for the forth coming
modeofesrvinr of the proper y replevied, and to abide the final order of th-
W4D SEC. 14. Be it further enacted. That in all cases where
property shall-b attached and not replevied, a noatif of *4. i4.
stitution of the suit by attachment, shall be personally served
upon the defP.ndant, or shall be published tfr three months in
some public newspaper of the district, and if there be no news-
paper published in such district, then a written advertisement,
in some public place, and such notice shall require the defendant
and all other persons interested to appear and plead to the de-
claration filed in such cases, and it shall and may be lawful, for
the court upon satisfactory proof of the services of such no-
tice, or of the publication of such notice, and upon the finding
of a jury of inquest, to be called for that purpose, to award
their judgment upon said finding, and execution shall issue ac-
SEC. 15. Be it further enacted, That if there be two or more judgment o
suits commenced by attachment against the same person, and t:e !m 4;Ate
several judgments be obtained at the same term, they shal ble to hbautisied
satisfied pro rata, out of the judgments which may have been p:o rata.
obtained sguinst the garnishee or garnishees in any such suits,
unless the defendant in such suit or suits have sufficient other
property to satisfy the same.
SEC. 16. Be it further enacted, That all writs of attachment writs of, thWa
shall be made returnable to the next term of the .court, having returnable.
jurisdiction of the same, after the date thereof, and the bond,
affidavit and other papers, on which said attachment may have
been obtained, shall also be filed in the proper court, on or before
the first day of the term, to which said writ of attachment may
SEc. 17. Be it further enacted, That whenever a plaintiff in
attachment, shall obtain judgment against a defendant or defen-
dants, and after a return upon thefi Ia, of no property found" duties of gar.
it shall and may he lawful for him to sue out process of garnish- Dnibees.
nient against any third person, indebted to or having effects of
the defendant or defendants, in execution, in his or their hands,
and said garnishee shall be required to appear at the next suc-
ceeding term of the court, from which the said process shall
have issued, and shall make return of his, or their indebtedness
in the manner provided for in the tenth section of this act.
SEC, 18. Be it further enacted, That the filpg of the decla.
ration and other pleadings, in a suit commenced by attachment, r.les of plead-
shall be governed by the same rules, which govern the filing of Ig i"' s' at
the declaration and other pleadings in ordinary suits at law, and tachmei.
judgment shall be rendered therein as in other cases.
SEC. 19. Be it further enacted. That the court to which at- courts to be al-
tachments shall be returnable, shall always be.open for hearing ways open.
and deciding, on motion for dissolving such attachments.
SEc. 20. Be it further enacted That all acts in relation to or Repealina
regulating the mode of proceeding on .attachment, in force at clause.
the time of the passage of this act be, and the same are hereby
Passe4,Feb. 15, 1833.
Approved Feb. 17, 1833.
=see chap. 6I8,
eeap. CnP. 665 [No. 8 ] AN ACT regulating appeals in certain eases, aot hats.
tofore provided for by law.
SEc. 1. Be it enacted by the Governor and Legislative Coun.
cil of the Territory of Florida, That in all cases wherein any
final judgment. order or decree, may be pronounced, or render.
*oticeto beiy ed in any of the courts of this territory, from which an appeal
on to "o'l-resm.
ieat dfdant or writ oa error lies to any other court of this territory, that if
the party, defendant in appeal or error, be a nonresident, that
notice of such appeal or writ of error may be served upon the
attorney or agent, of said party, defendant, or notice of said
appeal or writ of error, may be given by publishing the same in
such newspaper in this territory, as may have the most general
circulation, for thirty days, and the court to which said appeal
or writ of error, is had upon satisfactory proof that such notice
has been given, shall proceed to hear and determine said cause
as if personal service upon the party, had taken place.
SEc.2. Be it further enacted, That in all cases in which a rule
ofcourt, or other summary order, to any of the officers of court
.mode of carry- and their securities, or deputies is in effect, a judgment for the
ing up appeals payment of money or other thing. the party aggrieved may pros.
*1t. ecute his, her or their appeal, writ of error, or certiorari, in the
following manner, that i- to say, if the order has been made in
the court of a justice of the peace, an appeal shall lie to the
county court, of the county in which the order shall have been
made, or to the superior court of the district, the trtal upon such
appeal being de novo on the merits of the cause, and writs of
error and certiorari, shall lie from said county or superior courts
to said justices courts, & appeals shall be taken and tried in like
manner from the county court to the superior court of the dis-
trict, and writs of error and certiorari, lie from the superior
courts to the county courts, respectively, and appeals and writs
of error, shall lie to the court of appeals, from the superior
courts as in other cases.
SEc. 3. Be it further enacted, That in all such cases, as
those described in the second section of this act, heretofore de-
bond and seeu. cidod in which the order of court has not been finally enforced,
hitl tobe gives the writ of errbr or certiorari, may be taken within six months
after the passage of this act, the party serving out such writ of
error or prosecuting such appeal, giving bond and security, to
perform the judgment of the court, to which the appeal is taken
or in which the writ of error or certiorari is prosecuted.
SEC. 4. Be it further enacted, That in such cases as afore-
said, in which such order shall be in future made, the said par-
ties may proceed as aforesaid, to prosecute their said appeals,
writs of error or certiorari, upon giving bond as aforesaid, and
taking their appeal witLin ten days after the adjournment of the
court, and their writs of error and certiorari as in other cases
provided for by law.
Passed Feb. 16, 1833. Approved, Feb. 17, 1833.
Cast. 666 [No. 9.] AN AOT To provide for appeals and write of error, in [se ehap .61
criminal cases. etc.1
SEc.. 1. Be it enacted by the Governor and Legislative Coun-
oil of the Territory of Florida, That in all prosecutions of a Appeals and
criminal character, the defendant or defendants, shall have the allowedin cer
benefit of an appeal or writ of error, to the court of appeals of tai cases.
this territory, from all final judgment, and sentences of the courts
of this territory.
SEC. 2. Be it further enacted, That in all cases, except those
where capital punishment is to be indicted, the party prosecuting When to opt
such appeal or writ of error, shall, to make the same operate as rate as soperse
a supersedeas, give bond and security, to be approved by the desn
clerk of the court, conditioned to be forthcoming to answer and
abide the said judgment, or sentence if the same shall be affirm.
Sec. 3. Be it further enacted, That in cases where capital
punishment, is by the judgment, or sentence of the court,ordered
to be inflicted, no security except the person of the defendant
shall be taken, and in all such cases, the writ of error or appeal
shall operate as a supersedeas. mde oftaking
Sec. 4. Be it further enacted, That all appeals and writs of out and prose-
error, under this act, shall be tpken and prosecuted, under the entdrig appeals
same restrictions as to time, as is prescribed in civil cases. ror.
Sac. 5. Be it further enacted, That in all cases whereby the courtr t order
sentence or judgment, sought to he* reversed, the infliction, of time. inflicting
corporal punishment is ordered, the court of appeals, shall di- punishment
roct the ti.ne at which the sentence shall be enforced, in case
the judgment of the court below is affirmed.
SEC. 6. Be it further enacted, That if the plaintiff in appeal
or error, shall die pending the appeal or writ of error, the same
may be prosecuted by his or her personal representatives as in
Sac. 7. Be it further enacted, That notice of such appeals
and writs of error, may be served upon the district attorney, of mode of sew
the district in which the same may be sued out, in the same ang notice
manner as the like notice is served upon parties to civil actions.
Passed Feb. 16, 1833.
Rejected Feb. 17, 1833.
Reconsidered and passed by the requisite majority of the Council, Februsty
narF. 667 [No. 10.] AN ACT Regulating damages on bills of echiage. (see chap. 4.1
SEC. Be it enacted by theGovernor and Legislative coon- aS repele
til of the Territory of Florida, That the act "regulating damna- i damages on
ADMINISTRATORS AIND GUARDIANS
foreign bills of eas on bills of exchange," approved August 12th 1832, be, and
exchange fixed the same is hereby repealed. And that damages on foreign
p r. Ceut. protested hills of exchange, shall be at the rate of five per cent.
Passed Feb. 17, 1833.
Approved Feb. 17, 1S33.
gee C h.3 CHAn. 668. [No. 11 AN AOT in addition to an act entitled an act con'
Setc. corning wills. letters testamentary, and letters of administration, and the
duties of administrators and guardians. approved Nov. 20. 1828.
SEc. 1. Be it enacted by the Governor and legislative coun-
cimpensatioa cit o" the Territory of Florida, That executors anid'itnlinistra.
allowed execu- tors. shall be allowed all reasonable charges, on account ofdis-
torsand admin bursement for funeral expenses, and in the administration of the
lstrators. estate ol the person deceased, and shall also be allowed a fair
and just compensation for their services, and also a compensa.
tion not exceeding six per cent. on money arising from the sale
of personal property, slaves and lands of the'deceased.
SEC. 2. Be it further enacted, That real estate shall he con.
sidered assets in the hands of etcutors, or administrators, and
after the personal assets are exhausted, may be sold under an
order or decree from the judge of the county court or officer
-real etnte tor discharging the functions of ordinary or judge of probate, such
be, considered 0
asassets to the sale always to be Mnade after ptiblic notice thereof, to be given
bands of execu in like manner as in sales of real estate upon execution from
tors for certain the superior courts of this territory, and always at public auction,
purposes. to the highest bidder: Provided however, in every such case,
that no sale of real estate shall be made to any greater extent,
than shall be necessary to supply the deficiency of personal as.
sets, for the payment of the just and lawful debts of the decea.
sed, nor shall any such sale be ordered without notice for at
least four consecutive weeks previously given, in some public
newspaper, nearest to the place where such r al estate is situa-
ted of the intended application, for such order or decree.
Stc. 3. Be it further enacted, That it may and shall be law.
adge orcontmy ful, when such notice for the judge of the county court, or offi.
court to order cer discharging the functions of ordinary or judge of probate.
al~, to order and decree a sale in like manner of the real estate tf
any deceased person, in pieferance to a sale ofjhis slaves, where
it may be necessary for the payment of just and lawful debts or'
demands against his estate, and when it may be deemed most
beneficial to the heirs, legal representatives, or devisees of the
SLC. 4. Be it.firther enacted, That real estate in the hands
of an executor or administrator may and shall be equally liable.
TO REPEAL ACTS ETC.
with personal property, to an excimnon existing unon any judg.
tient ag,;;inlt yuch exiecutor or iidmlnitrator ; Pivided, hIo' -env- wht ci~
er, that no real estate, of anv deceased wprson shnlt he tAk!'n in reai tiror is
execution, unless first directed by the: executor or adminlislator, to be levied on
so- long as there remains personal property sufficient, on which
such execution nmay be levied, but the executor or administrator
in ever ca>ie may designate the property or kind or part of
prop ety, which shall fist oe taken in execution, and whether it
shall be real or personal, always provided, that the officers levy-
ing said execution, shall judge of the sufficiency, and shall take
sufficient property if it be found, to satisfy the execution.
SEC. 5. Be it further enacted, That in the settlement, and settlement and
distribution of t ie estate of dere;ised persons in this territory, distrihutiou of
whether the same be of real or personal property, aliens as well tIe statess of
as citizens, may take or inherit, and shall be entitled to share sons.
SEC. 6. Be it further enacted, That aliens may take, receive aniens authori-
and hold real estate In this territory, either by purchase or de- zed to hold re-
nal estate i this
Passed Feb. 15th 1833.
Jlpffroved Feb. 17th 1833.
tqee chap. ,578
OJAr. 669 (No. 12) AN ACT to repeal parts of acts in said act specified te c.
SEC. 1. Be it enacted by the Governor and Legislative coun- three ire asd
cil of the Territory of Florida, That the three ftist sections of
the act, entitled an act concerning tax collectors, and treasurers
of this territory, be and the same are hereby repealed.
nEc. 2. Be it further enacted, That the presiding justice of
the county court of each and every county i.1 this territory, shall presiding jus-
b1- deemed, held, and recoSnized as the judge of said county t ice .i ea c
co:;rt, respectively, and that the office of said presiding justice, judge of said
as it now exists, shall not, by this or any previous act of this county.
se.3tean, be held or deemed vacated.
passedd Feb. 16t1h 133.
Approved Feb. 17th 1833.
-6 SETTLEMENT OF ARREAAS
[see chap. 641 CHAP 670 (No. 13.) AN ACT To repeal an ant to provide forthespeedy sel
etc.1 tiement of all arrears due the Territory of Florida, approved February-
12th 1832, and for olherpurposes.
SEC. 1. Be it enacted by the Governor and Legislative coun-
act repealed cil of the Territory of Florida, That the act entitled an act to
provide for the speedy settlement of all arrears due the Territory
of Florida, be and the same is hereby repealed.
SEc. 2. Be it further enacted, That it shall be the duty ot the
auditor and treasurer, to preserve the records and proceedings
duty ofauditor of the board of commissioners appointed under the act recited
an treasurer. in the foregoing section, and to transfer into the books of the
treasury all the accounts against individuals, as stated by the
SEC. 3. Be it further enacted, That it shall be the duty of
Quarterly re- the auditor and treasurer, within sixty days after passage thereof
ports to be m' to make out and transmit to the district attorneys, of the sever-
to the gov. al districts, copies of the accounts, and balances due by indi-
viduals, with instructions to demand the same, and commence
suits therefore, or on bonds securing the same, where such exist
in all cases, where the demand of the Territoiy can be recover-
ed, and collected, and that the said auditor and said attorneys,
make quarterly reports to the Governor, of the demands put in
suit, and the progress of said suits.
SEC. 4. Be it further enacted, That it shall be the duty of the
make reports district attorney, in each district, either in person, or by his au-
thorised and sworn deputy, to examine the records and files of
the several superior and county courts, in their respective dis-
tricts, and ascertain, whether any, and what amounts are due
from any marshal, clerk, sheriffor other officers, to the territory,
and make detailed reports thereof to the auditor. The said
examination and -eport to be made within three monthsofrom the
passage of this act, and that for each examination and report, the
person making the same shall receive the sum of five -dollars,
from each county.
Passed Feb. 16th 1833.
Approved Feb. 17th 1833.
(see chap. 510 Chap. 671. [No. 14.] AN ACT concerning Patrols.
Patrol districts SEC. 1. Be it enacted by the Goveror and Legislative Coun-
to be made by cil of the Territory of Florida, That it shall be the duty of the
the several JI
S. several justices of the peace within this Territory to cause their
respective districts to be divided into convenient patrol dis-
tricts which division shall not be altered unless by the justices
or majority of them, in said district and in case the said justi-
'es of the peace of any district, within this Territory, shall neg-
Itct to perform the duty herein before required by him or them,
he or they, shall forfeit and pay the sum of fifty dollars to be re-
covered before any justice of the peace in said district.
SEC. 2. Be it lu-ther enacted, That it shall be the duty of
the several justices of the peace in each county in this Territo- a roll to be m'
rv to cause to be made out a roll for each patrol district, which out, persons of
shall include the names of all free white male inhabitants, above the age 45 ex
the age of eighteen years, residing within the patrol-district; empty
Provided, that nothing herein contained, shall be construed to
compel any male inhabitant of any district to perform patrol du-
ty, either in person or by substitute who may have attained the
age of forty five-years.
SEc. 3. Be it further enacted, Thatit shall be the duty of alty where
the justices of the peace of each and every district to prick off p. neglect
from the roll of each parol district at his or their discretion any their duty.
number of persons who shall perform the duty hereinafter pre-
scribed for the term of three months, and to every such patrol,
the justice or justices shall appoint some prudent and discreet
person as commander, and in case the justice or justices of
each district in their respective counties- shall fail to prick off
such patrol, he, or they, shall forfeit and pay the sum of twenty
dollars for every such neglect to be recovered before any
otherjustice of the peace.
Sec. 4. Be it further enacted, That it shall be the duty of"
every commander ofevery patrol as often as he may deem it
expedient to call out the patrol under his command and to take
up all slaves who may be found without the limits of their own- commandersof
ers plantation under suspicious circumstances, or at a suspicious "to cl eutthire
distance therefrom, and to correct all such slaves by a moder- patrol for ap-
ate whipping, with a switch or cowskin commonly called a cow- prehendiagetc
hide, not exceeding thirty nine lashes unless the said slave
shall have a ticket or pass from the owner of said slave, or his
agent, or overseer or shall have some white person in company
authorized to give an account of the business of such slave or
slaves, or if any white man shall'beat or abuse any slave quietly
and peacibly being on his or her masters plantation or found a-
ny where without the same, with a lawful ticket or pass, hj shall
forfeit the sum of twenty dollars, to be recovered by 'he owner,
and to his use by action ofdebt, besides being liable to the own-
er in an action oftresspass for damages.
Sac. 5. Be it further enacted, That the said patrols in their
respective districts are hereby authorized to enter into any dis- Patrols auth
orderly houses, vessels or boats suspected of harbouring, trat- certain places.
ficking or dealing with slaves, whether: the same be occupied
by white persons, free negroes, mulattoes, mustizoes or slaves,
and to apprehend and to correct al.slaves found there by whip-
ping as herein before directed, and the said patrol are moreo-
ver authorized and it is hereby made their duty to give informa-
tion to the next justice of the peace within their district, of all
such white persons, free negroes, mulattoes or niustizees, so
fouid trafficking or dealing with slaves ; and heo anid justice
shall upon such information issue his warrant !or the apprehen-
sion of said offender or offenders'to be dealt i iih according to
law, and the said patrol: are moreover authorized to detain such
produce or other so found: Provided, such detertio.i be author-
ized by any three persons composing said patrol, by any two
householders ot the vicinage or by any justice of the pevce, un-
til upon enquiry, before justice of the district it shall be proved
to'whom the sa:d property belongs, when it shall be given up
to the owner or owners by order of the said justice.
eo manerao [SEC. 6.1 Be it further enactld, Thai the commander of cv
atrol reqreed ery patrol, shall have the power to k ep the ment under his com-
to keep their mand in good order and demeanor, during their te;rn oj serve ce
patrol in order andn case any patrol man shall! misbehavc 1'mselW, or neglect,
Ar penalties for
di obedience or disobey ihe orders of his commander, he shall be subject to a
fine of not more than five dollars, to be ini>posqd by any justice
ofthe peace in said district, and to be paid to the county tr:sasu-
rer for county purposes.
SEC. 7. ije it further enacted, That if any commander of a
Penalties im- pantol detachment. shall act disorderly while on duty, so as to
poo r conduct defeat the orderly performance, or execution ot the patrol laws,
in commanders. agreeable to the true intent and meaning thereof, he shall be re-
turned by any of the mnembels of his patrol, or other persons
competen'to give evideifce to any justice of the peace in the
district, who shall order the said commander, to be brought be-
fore him at a time, and placed therein to be stated for trial, and
upon sufficient evidence being given, of the charge, such cap-
tain or commander of the patrol, shall be fined in the sum of
ten dollars, to be 'recovered arid applied as aforesaid, to the use
Dll ppersis be- SEC. 8. Be it further enacted, That it shall be lawful for
t nhe ag any person, or persons, hereby declared able to perform
r f and 45 patrol duty, to send any able bodied whiteman, between the age
required to per of eighter:' and forty five years, to perform patrol duty for him
c:,lled.or emn- or them, and it any patrol man shall neglect or refuse to per-
ploy nsbstitute form the d utv required of him, by this act, or procure a substi-
peualties for re ute to perform the same, without a legal excuse, he shall for-
S efeit and pay a fine of twenty dollars for each and every default,
to be recovered as aforesaid, before any jest ce of the peace of
said district, to the use of the county, for county purposes : and
in all cases where a substitute is provided, the person employing
him, shall be liable for.his default.
SEc. 9. Be it further e acted, That each captain or com-
mander of the patrol shall mak. a return upon oath of the per-
The w rds in italic are omitted by mistake of the Enrolling Clerks of
the Council, in the original law, and are supplied by reference to the original
engrossed bill, as ordered to be enrolled.
T'orman .e ofthe duties of his office, as cnmmlndrIr of such pat- commandorsaa
r:) toua justice of the prace orfhis resncr-ive district, under the p:lt~l required
S. io make return
;enti:tv of i fine of ,ive dollar to be recovered as aforesaid, for to J p under
ln e !ti o; the couniv. a penalty .$5
:.: 1. Le it tirl!ber enacted, That t hall he lawfil for Patrol authori-
:any por.son or persons, wha mry be lawIfully onas.-ed in disper- z"d tt, enter
s':ir ailny lavfiU assenmhlv of slaves, fre neuroaa, mulattoes, lik"eijv ino
or mustizoos, to enter into all such lIces, ns the 4aid per.Aons ce. under car-
may ;)e assembled at, and it' resisted they may break open doors tain circum-
ngate:s or winrto:vs. stances.
Stc. 11. Be it tiirthor en;atr'd Thrit nothinherein cortain-
ed, shall be so conrtrire'l. a.- t: derived thea ornorp't a:uthori-
ties io any nmcrroraitedi t.wir or viil:r e, or any power hereto-
ftre ve.st:. iii tiih;r, to rt-ep:ite and order out patrols, within
1he ii.iftJ ,t' sa''h co-porntion.
S~c 12. He it tirther enacted, That if ;n!v person or per-
sons, -hall common nce anv I',-t, on aar;iinst ;iiv p)ltrol, or other
p, rsona, ft'- any t'repa: ss by hifn or themei committed, in carr ymli
the provisiolq oi'f tis iact into erite t, *'nd at thie trial thereor',iiiall
fail to rerov(r any damage, hr' (he or thov shall be-liable, and
adjur:: e- t, pay to the party o sued troblel cost..
y3Fc. 13. Be it further enacted, That in cnnnties where the
justices districts have not bo'en laid out and defined accordingto J. P. authoriz-
Jaw, it shall be the duty of th justices ofth, peace or any two ed to I"y ou
or more o' then to lay out ind divid e said co'ity into conven- patrol districts
ient patrol districts, and proved to organize the same, in the
same manner as heretotbor prescribed, nnd ini all sri':h justices
districts, wherein but onejustice of the peac. resides, he shall
perform the s.ame duties, as are required iiv this act.
SEc. 14. Be it further enacted That if there he no justice where there io
of tha peace in any district, then and in that caie, their justice or no J. P-
juistices of the pence of thte next adjoining districts in said coun-
ty, shall perform the duties herein required of justices oi the
SEc. 15. Be it further enacted, That it shall be lawful for Patrol athariz-
any patrolof this territory, to take from any slave or slaves a- ed to take fire
ny fire arms, or other dangerous weapons, to be delivered by arms.
said patrol to the justice of the peane of said district.
Sec. 16. BI it further enacl, That any lire arms, or other
articles so taken by the patrol, shall be delivered over to the
nearest justice ofthe pace ; and unless the same be c. lled for Dispo.ition to
within thirty days uy the owner thereof or his agent they may be madu cl'we
be sold at auction on"orne public day,and at .sonepublic place, apona.
and the proceeds shall by 'aid justice oftthe peace be paid into
the county tre sury for county pip.osed ; Provided, Ten days
notice of such sale be given by one or more advertisements stuek
up rn some public place in the district.
Sec. 17. Be it further enacted, i'hat it shall not be lawful
f6r any slave, free negro, or mulatto, to keep or retain in his or
their house or houses,any fire arms whatsoever, and it is hereib
made the duty of rhe patrol to search negro houses or other sus-
gros and.niur pect'd places, for fire arms, and if any they find, contrary to the
ianoes forbid- true intent and meaning of this act, may take the same to the
den to keep nearest justice of the peace, who may proceed therewith as di-
fire arms in rectd in a preceding section of this act,; and the negro, or ne-
groes, in whose possession the same may be found, on failing
to give a plain and satisfactory account of the manner he or they
came possessed of the same may be severally punished, bymoder-
ate whipping on tne bare back. not exceeding thirty-nine lashes.
all uther laws SEC. 18. Be it further enacted, That all laws now enforce
repealed. in this Ternitory, on ihe subject of patrols, be and the same are
hereby repeal-,d. and this act shall be in force from and after the
first day of Atach next.
Passed Jan. 24. 1833.
JApproved Feb. 17. 1833.
ee chap. 457 CHAP. 72 (No. 15.) AN ACT concerning executions.
Sn:c. 1. Be it enacted by the Governor and Legislative coun-
cil of the Territory of Florida, That it shall be the duty of the
clerks ol courts in this territory, to issue writs offieri facias up-
writs of fi ., on all judgments rendered by the courts of which they are clerkL,
istuahlewitiiii resnectively at any time ten days arter the adjournmen: of said
ten davs after djunnn ofsi
judgment. court, and not before, unless the plaintiff, his agent or attorney,
shall make affidavit that th -re is zood reason to believe that the
defendant will remove his property from this territory, before
the same can be levied upon in the usual manner, in which case,
it .shall be lawful lor the court, to order the issuing uf le said
writ of ineri facias imnmedatevl after judgment rendered ; and
all writs of execution shall bear date as of the day on which
they shall be issued ; and shall be made returnable one hundred
and twenty days after the date thereof, or at the next succeeding
term of the court whence the execution issued, if that be within
a shorter time, than one hundred and twenty days, and shall be
directed to all and every the marshals. or sheriffs, as the case
may be, of tht territory o' l'lorida, and shall be of fuil force
throughout the territory.
SEC. 2. Be it furtihr enacted. That the defendant in execu-
tion, his agent or attorney. shall at all tunes have it in his pow-
asy basureni er to releisp as y pronert,' which may have been levied on, t)y
s'rrendcrmin othi('l r'operty, U, a vaiie sufficient to si tisfv tilt
Ecc. 3. Be it fur tcr enacted, That no saie under execution,
shall take place unless the same shall have been previously ad-
vertised at least thirty days, at the door of the court house or notices ot" s-le
the county where such sale is to be made, and at tl. oree or more JPer e o
other public places in said county, or unlefs notice thereof shall. to be given .W
have been given. for the said Wpace ot'fhirty da s, in some news d:vys previous
paper printed in said county, and all such sales shall take place iJ sale.
at the door of the court house of th- Lounty in which said prop.
erty is situate or found.
SEc. 4. Be it further enacted.- That after levy, the defendant
shall at all times, have it in his power to replevy the property power ofreple
levied on, by giving bond payable to the plaintiff in double the vin given to
amount of the execution with security, to re approved by the defeidat o'
marshal, sheriff or constable, conditioned for the tb ortiioniin of scur,
the property, on the day of sale, and ii the said property be not
delivered on the day of tale, it shall be the duty o1 the marshal,
sheriff, or constable, to certify the same to the clerk of the
court, or justice of the peace (as the case may be,) upon the
back of said bond, and thereupon it shall be the duty ol'such
clerk or justice of the peace (us the case may be,) to issue a
fieri facias, for the amount due against the defendant and his
securities ; and in this case no replevy shall be allowed.
SEc. 5. Be it further enacted, That whenever a tract of land
haall have been levied upon, it shall be the duty of the officers
selling the same to ascertain the amount of the judgment, and
coats for which the same is to be sold, and to give public notice mode of sale
thereof to the Lystanders ; whereupon if any person offer to under execa-
pay the amount ot such judgment and costs, and receive a less ticn.
number of acres than the whole tract, it shall be liawliii for said
officers to cry the proposal so made as aobreeaid, and it any
other person propose to take a still less number of acres, the
said officer shall in like manner, receive the bid or proposal, of
such other person, and so on, until such part of said laud as it
may be necessary to sell, shall have been sold, but it no person
on the day of sale, propose in manner atbresaid, to take a less
number of acres than the whole tract levied on, then such tract,
shall be sold, and struck off to the highest.bidder thereof. '
SzE. 6. Be it further enacted, That whenever a sale shall be
made by virtue of any execution of lands or tenements, or slaves, water sale the
the marshal, sheriff, or other officer, shall, on payment-r f the surplus money
purchase money,.executeto the purchaser, a deed of convey- tobepaidover
ance or bill ef sale of the same, and when the yioperty sold,
shall bring more than the amount of the execution, the surplus
shall without delay be paid over to the defendant.
SEc. 7. Be it further enacted, That if the marshal or sheriff, Marshal's and
shall fail or refuse to pay over money by him collected, witia Shberiff'stopay
twenty days after the same shall have been oy him received, up- over momiie
on demand.made by the-plaintif, or his attorney of record, he within 20 days
shall be liable to nay the stn.e and twenty per cent. damages,
to be recovered by motion m court: Provided, ten days previous
notice be given him, of the intaentlo of the person claiming the
money to make such motion.
Sec. 6. B3' i: further enacted That it shall be competent
Oers for the plaintiffs execution, when the return thereon is no
hale Fir o a property fouod," to contron.it said rietui by tendering an issue
ing fal-e re- il these words, the plaintiil' saith that while the said execution
turnuf nopru was in, -orce, th:'re was property of the def'tcdant, which was
perty foand." suibjuct to said execution, and, which amiht have been levied on,
upon ten days rintier of .uch issue beio'. given to the officers,
by whom said writ was returned, the court shall direct the- same
to b.' tried by a jury. If th- verdict of the jury be for ti.e plain.
tift, judgicmant shail be entered against such officer tor the a-
mtlount ol the value of the proiprtv which might have been levi-
6eer whnrn pro
tjedtv Icvied ot
is cm;iinled b
retur.. Of suzil
uaill t) be
xviea by a jury
imcd to maLe
.1. lu$iz.100 to
SEC. 9. e it further enacted, That when any marshal, sier-
iff or other officer, shali levy on goods and chattels, claimed by
any other person, than th, deiendant, suh person may make
ilth that icid property belongs to linm, and it shall be the duty of
lhe oiit;el to postpiine any further procecuing under -said levy,
until bie right (if p opoe tly sall have been tried: Provided, the
person claiming such goods and chattell shall give bond with
security, to be approved by the iiaishal,-bieiiff. or other officer
lev iing the execution, payable-to the plaintiff. in a penal sum,
of double the amoutn o; the sum for which -execution issued,
conditioned to deliver said goods and chattels, upon denmaud of
said officer, it the same shall be adjudged, to be the property- o
the defendant in execution, and to pay he pisintiff'all damages,
\which the jury, on the trial ot' the right of property, may find iu
his tavor, if it shounidappear to the jury that such claim was in-
terposed tor tie purpose of delay.
bEc. 10. L;e it further enacted, That when an execution has
been levied, and a chlum to the property interposed as aforesaid,
it biiil he the duty of tie officer to return said execution to the
:A ii terin u the court hience it issued, together with such affi-
davit and bond ; at which term a juiy shall be sworn to try the
right of, property, and also to give to the plaintiff such damages
not exceeding twenty per cent. as may appear reasonable and
right, in case of its appearing to th jury thut such claim was
i;iterposed tor delay ; and the court shall give judgment for the
amount of daniages so found.
SEc., 11. Be it further enacted, That when a claim to prop-
crry, has been interposed as atbresaii, it shall be competent for
tih plaintiff in cxecut on to dismiss the levy, and to oraer a new
levy to be made on other property ot the defendant.
bsc. 12. Be it furticr enacted, That every actual house
keeper with a fairly, shall have exempt from execution, attach-
ncut, or llstre s, such portion of ijs property, as may be neces-
sary lor tie support ot his family, exclusive ofwearing apparel,
uinu incessary blduoni: tr,,iided, the same shall in no case
exceed tile vaiuneoi one hlndied dollars, and provided also, the
&duteidant shall make affidavit to be returned with the execution,
that he has made a fair, full, and complete statement of all his
pprlcrtly, in trl.;t or otherwise, and all moneys, and all debts,
anil deianids ducto himt or to become due, a liit of which prop
erty anid dtbht, shall also accompany said return.
Sec. 13. Bo it further enacted, That when an exemption is Thevnlueof
claihnid under the foregoing section of this act, the officer hav-.uch pro",-rt
inu ..uch execution shall summon three disinterested persons,
who shall be sworn truly to value the property of the defendant
in execution, and their valuation shall be conclusive.
SEC. 14. Be it further enacted, That justices of the peace
shall issue executions on all judgments rendered by them at any duties of J. P.
time four days after said judgment, unless affidavit be made as and unstable
provided in the first section of this act, and all executions from
justices courts, shall be directed to ann constable of the county,
and shall be made returunbla within thirty days, and the said
constable shall not be required to give more than fifteen days
notice of sale u Ader execution, which notice shail he by written
advertisement, posted in three public places in the said justices
district, and all sales made by aim shall be made at the usual
place of holding courts in such justices districts, and no soon-
SEC. 15. Be it further enacted, That in all respects, except
as is prov ded in the foregoing section, constables shall have duties of aoq-
the same powers in levying on a:rd selling property, and fhatl be stable.
subject to the same remedies and responsibilities as are provi-
ded in the case of mar-hals and sheriffs.
SEC. 16. Be it furtherenacted, That all laws on the subject
ot executions heretofore passed be, and the same are hereby Allprevious
repealed, and this act shalJ be in force from and after the first laws repealed..
day of April next, except in Monruc county, where its operation
shl'allcornmence oo the first day of May.
Sec. 17. Be it further enacted, That in all cases where an
execution issues in accordance with the provisions of this act, Garnishees'
and returned by the officer to wh,;m it is directed, of "no prop-
'erty found." it shall and may mbe lawftl for the said officer to
serve upon the person or persons. na id by the plaidtiffor attor
ney, as garnishee or garuishies a notice to appear at 4he trst
term of thel curt4lthen nt ensuing, from which said execu-
tion issued, to set forth upon oath, wlhat goods ant'batels,
rights and credit money or effects, were in his or their hands,
custody, or control, at the time of the service of such notice or
sincc, belonging to the defendant or defudants in execution,
and upon the answer so made by the garnihiee or garnishees, it
shall and may be awful for s id court to give judgment against
said Zarnishee or garnishees for the amnouit hy thcn confessed,
to be due to the said defendant, and execution may issue for
the same in tfvor of the* plaintiff; subject to the same stay as
provided in cases of garni-hees in the attachment law; and
when the said garnishee or garnishes shall in his, her or their
AXECUT10146 AND ATTACNIXSRTS
answer, made on oath as aforesaid, admit that he she or they had
in his, her or their possession at the time of service of such no-
tice, or any goods or chattels, rights credits or effects, belong-
ing to said defendant, such garnishee or garnishees shall be an-
swerable in damages to :he plaintifffor the value thereof unless
the same be surrendered upon execution against the defendant,
SEC. 18. Be it further enacted, That in all cases where m.n-
frceipt for mo- ey has been made on execution the receipt of either the plaintiff
by pl'r. or hi or his attorney of record shall be a sufficient discharge to the
attorney marshal or shenffthereof.
Paosedk'eb. 17. 1833.
Approved Feb. 17. 1833..
lee chap-664, OBiP. 673. (No. 16) AN ACT amendatory of the several statutes of thiW
672 etc.] Territory, concerning executions and attachments.
SE. 1. Be it enacted by the Governor and Legislative coun-
cil of the Territory of Florida, That from and after the pas.
sage of this act, the boats and fowling pieces of persons resi.
boats oa f dent in the Florida Keys, shall be, and are hereby exempted
persons resi- from any and every attachb.ent, distress or execution, except
dent on the for fines for a violation of the cliniinal laws of this territory;
Flor.Keys any law to the contrary, notwithstanding: Provided, however
that it shall be satisfactorily shown to the court, whence such
attachment, distress or execution issued, that such fowling piece
or boat is necessary to the actual support, and maintainance of
iuch boats and the person claiming the same, and bonafide its owner, and pro.
fowling to be vided also, that not more than one boat and one fowling piece,
shown to be be so exempted upon the exhibit of claim of any one person
ODurt. and provided also, that the value of such boat and fowling
piece do not exceed one hundred dollars.
boats offisher- SEC. 2. And be it further enacted, That the boats of all
tane resident fishermen resident in said territory, and of pilots in the different
in the territory
and of pilot parts of Florida, be and they are hereby declared to be iq
exempted in like manner exempted, as provided in the foregoing section.
Ie manner, .Pased Feb. 16th 1938.
Approved Feb. 171 14$S..
UIMITATIONS o0 AeTIONI-LECTIONIS ETC.
Chap 674. [No. 17.] AN ACT supplemental to an act concerning limit [see chap.331,
tions of action passed November 4th 1828. ete 1
SEC. 1. Be it enacted, by the Governor and Legislative
council of the Territ ory of Florida, That in ali suits now pend.
ing, or that may be hereafter instituted in the courts of this awsorstattes
Territory upon any cause of action, originating in any foreign oflimitationsof
state or place, any law or statute of limitation of such foreign foreign state
state or place may be pleaded : Provided however, That such may be ple ad-
plea shall in no case be adjudged sufficient, unless it shall be d in certain
made to appear before the court wherein it is pleaded, that such
2aw or statute ot limitations, had completely run upon and bar-
red the action in such foreign state or place, before the defend-
ant had ceased to be a resident thereof, and had removed there-
Passed Feb. 16. 1833
approved Feb. 17. 1833.
Chap 675. [No. 18.1 AN ACT to provide for holding an election for Dele (see ehap.387:
gate to Congaes- from this Territory members to the Legisive Council,and 388 470, 483]
oertait other otficors.
SEc. 1. Be it enacted by the Governor and Legislative timeofholding
Council of the Territory of Florida, That an election for Dele- election for del
gate to Congress shall be held in the several counties in this ter- gate to Con-
ritory on the first Monday in May, eighteen hundred and thirty- gress.
three, and a liie election shall take place every second year
thezeatter on the first Monday of May thereof.
SEc. 2. Be it further enacted, That an election for members members of
to tlc legislative council of the Territory of Florida, shall bee legisltive
held in the several counties in this territory on the first Monday
of November eighteen hundred and thirty-three, and a like elec-
tion shall be held immediately thereafter on the first Monday
of November thereof.
.SEC 3. Be itlfurther enacted, That an election shall also be clerks C. C
held in the several counties of this territory, for clerks of county
courts, sheriffs, coroners, and county surveyors on the first Mon-
day in February eighteen hundred and thirty-tour, and a like e-
lection shall be held every two years thereafter, on the first
Monday of February thereof.
SEc. 4. Be it further enacted, That the presiding justices thejudgeofthe
or judges of the county courts within the several counties be, coity jt pre.
and they are hereby authorized and directed, at least thirty to appoint the
days before any election directed by this act, to appoint place of hold-
such places for the same, as the presiding justices or judges ing elections.
may judge best, suited to the convenience of the citizens and for
each place so designated they shall appoint three inspectors of
elections, any two of whom may be competent to discharge the
duties ; andin case either of the presiding justices or judges,
shall fail to appoint or designate the said place or inspectors, it
shall he the duty of the clerk ofthe county court to make such de-
si :nai,-n and appointments at least twenty days before the dayof
election and in either case due. notice thereof shall be given to
the i ipectors of the election, and to the public at large, by ad-
vertising the same at each place so appointed.
Officer not SEc. 5. Be it further enacted, That if in any county in this
ren'yin witc territory, the place or places of holding any election, shall not
tloRs of this act be designated, as directed in the 4th section of this act, then in
every such case the election in such county, shall be holden at
the place or places at which the election next previously there-
to was holden in saich county. it is also provided, that if the .n-
spectors as in said 4th section is directed, should not be ap-
pointed, or being appointed should not attend at any place of
election, then in every such case, the electo-s or a majority of
them meeting at any such place, may on the day of election ap-
point inspectors to hold the same, who, on such appointment
may and shall hold the election and proceed in the same man-
ner in every respect as if they had been appointed by Ihe presi-
ding justice, judge, or clerk of their county, provided however,
that it such inspectors cannot open the polls at nine o'clock in
the morning, they may open them at a later time on said day.
Sac. 6. Be it further enacted, That before any votes are re-
oath to be ta- ceived. the inspectors shall appoint a clerk, and the said inspec-
ken by inpee tor and clerk. shall severally take an oath, or affirmation in
tor and clerks the following words, to wit; I. A. B. do solemnly swear or
affirm (as the case may be) that I will perform the duties of in-
spector of the election according to law, and to the best of my
abilities, and that I will studiously endeavour to prevent fraud,
deceit, and abuses, in conducting, the same; which oath or af-
firmation shall be administered by a judtde or justice of the
peace at the opening of the polls, but if no judge or justice of
the peace be present, the inspectors of the election are hereby
authorized, and empowered to administer the oath to each
other and to the clerk.
SEc. 7. Be it further enacted, That the votes shall be given
by ballot at the time and place of holding the election, and the
votetoeiv polls shall be opened at nine o'clock in the morning and close
at five in the evening; and it shall not be lawful for any vote or
votes to be counted until the polls are closed, when they shall
be openly counted, and declared by the inspectors.
Sec. 8. Be it further enacted, That when two or more bal-
improper bal- lots are put into the box folded as one ballot, neither of the bal-
lots not to be lots so folded together shall be counted ; and when any ballot
contains more names than the number ot candidates to be elect-
ed, the ballot containing such names shall not be counted.
SEC, 9. And be it further enacted, That it shall be the duty
of the clerk under the drection of the inspectors, to provide a ols books o
p..1 book in which the nia'res of all the voters shall be register- kept by the
ed, as they hand their ballots to the inspectors, whose duty it clerks of alec-
shall be to receive them and declare i) an audible voice to the tion.
clerk the name of the voter, after-which if hi- vote be lawful, it
shall be deposited in a ballot box, to Ie prepared by the inspec-
tors of the election. and aiter the polls are closed, and the bal-
lots counted, to set down under the name of each individual
who shall be voted for, at such poll, the number o'fvotes he has
received, after which it shall be the duty of the inspectors, and
clerk to sign said poll book and deposit the same in the office
of the clerk of the county court of said county within twenty
days after the said election.
SEC. 10. And be it further enacted, That the following Form of poll
shall be the form of the poll book, first the name of the county, book.
and of the poll shall be written at the head o lthe hook, the day
of the month, date of the year; second the names of the voters,
the names of the different candidates, and at the close of the
book, shall be entered the number of votes, each has received.
SEc. 11. Ana be it further enacted, That within ten days certificate and
after the election, the inspectors of the same shall enclose, and return,' of elee
seal up under cover of sufficient envelope, the certificate and tioe ro be tbr-
eturn of said election, ano forward the same to the Governor w.rded toJ the
gov. wittlin 10
of this Territory by the iinst mail thereafter. days.
SEC. 12. Be it fuithor enacted, That the following shall be form ocertifi-
the form of the certificate, which shall make the return com- cate.
plete; "We the subscribers, inspectors of an election, for
held at in Ihe county of do hereoy certify
that at the said election: held at the aforementioned place on the
day of A. D 186, A. B. an.; C. were candid.
rates and that thepe were given for A. the number votes,
for B. the number of votes, and for C. the number o,
votes, test, signed D. C.
J. R. Clerk. R. 8. sp
SEc 13. Be it further enacted, That it shall be the duty of
the Governor or person exercising the government foa the time
being within three m cnths after the time appointed for holding duty oftheoW
an election for Delegate to Congress, to cast up and arrange ernor.
the votes tor the several counties, or such of them as may have
been returned, f.r each person voted for as delegate to con-
gres:-, and shall immediately thereafter issue his proclamation,
de, laring the person having the highest number of votes, to be
duly elected, to represent this territory, in the Congress of the
United Slates, and to grant a certificate thereof under the seal
of the Territory, to the person so elected.
SEc. 14. Be it further enacted, That whenever two or more
persons have an equal number of votes for delegate to ow-
gress, and whenever a vacancy shall occur by death, resigna-
tion, or otherwise, it shall be the duty of the Governor to issue
anei b ee orn his proclamation to the several presiding justices or judges of
bythle gov in the county courts within this territory, to cause an other elec-
certain caes. tion to be held, conformably to the provisions of this act; and on
such day as the Governor shall appoint.
SProclamation SEC. 15 Be it further enacted, That it shall. be the duty of
f election. the Governor within thirty days after any election, for members
to the Legislative Council, to proclaim in the most public paper
in Tallahassee, the person or persons, who are duly elected in
contested elee- SEC. 16. Be it further enacted, That the proclamation so made
alon to be deci- shall be considered prima /acia evidence of the election of the
dedby L. person or persons so proclaimed; that in all cases of a contes-
ted election, or other questions of'qualifications, the Legislative
Council shall determine the same.
SEC. 17. Be it further enacted, That it shall be the duty of
Comimisions the Governor on the receipt of the returns of any election for
of clerk C C. the clerk of the county court, sheriff, coroner, or county survey
aerif conoT or, to compare the said returns and within three weeks thereaf-
*trveyorI ter, to make out commissions for the persons having the great.
est number of votes, for the several offices for which they have
been elected, and transmit the same to the presiding justice of
the county, to which they severally belong; and it shall be the
dutyof the presiding justice, orjudge of such county, before
delivering any of said commissions, to take bond and approved
security for the faithful discharge of their several duties, and
immediately transmit said bonds to the Governor of this terri.
p isoaoincae tory: Provided however, that should any two candidates for the
sfatie. same office, have an equal number of votes, the Governor shall
notify the presiding justice or judge of such county thereof, who
shall forthwith proceed to give ten days notice throughout his
county, for holding a new election in the same manner as here.
inbefore directed, and the said election shall be conducted, and
return thereof made to the Governor in the same manner as
hereinbefore directed, who shall send a commission to the per.
son then having the highest number of votes.
aewelectionto SBc. 18. And be t further enacted, That in all cases ofva.
be ordered by cancy in any of the aforesaid offices of clerk of the county
thejadgeofthe court, sheriff, coroner or county surveyor, occasioned by death,
oainty cae resignation, or otherwise, upon information thereof being give;;
to the presiding justice or judge of the county in which such
vacancy may occur, he shall on giving ten days public notice
thereof, cause a new election to be held, to fill such vacancy
under the same rules and regulations in all respects, as are pre.
seribed in this act, for holding any regular election, and the per.
son so elected shall be commissioned to servo for the balance
of the term for which his immediate predecessor was commis-
Stc. 19. And be it further enacted, That all white male in,
habitants, citizens of the United States, above the -ge of twen-
ty-one years, who have resided in the Territoly ot Florida, tor ta""f
the space of three months, immediately preceding the day of
election, and all white male inhabitants ot the territory, above
the age of twenty one years, who were ir the territory at its ces-
sion to the United States, on the eleventh of July eighteen hund-
red and twenty-one, and who have resided in the territory, three
months immediately preceding the day of election, shall be en-
titled to vote at anv of the elections hereinbefore mentioned.
SEC- 20. And be it further enacted, That when objections Dties of it-
shall be made to a person offering to vote, and in all other cases spetora.
where the qualification. of persons oitering to vote, are unknown
to either of the inspectors. they shall have power to examine
such person on oath, or affirmation, touching Lis qualifications
as a voter, agreeable to the qualifications in ihe preceding sec-
tion, which oath or affirmation, either of the inspectors of elec.
tion, is hereby authorised to administer, and such person may
further be required to declare on oath or affirmation, that he has
not already voted, at any other place of election, or has not beeu
refused for want of due qualifications as a voter.
SEC. 21. And be it further enacted, That if any inspector o.
elections, or clerk concerned in conducting the same, shall neg-
lect or improperly delay, or refuse to perforkn any of the duties 'Penaltiel far
or services of him or them required by this act, having under- "npro"r Ica
taken so to do, or shall knowingly admit any person to vote, not duct
qualified according to law, or shall be guilty of corruption, par-
tiality or other misbehaviour in any matter, or thing appertaining
to said elections, or shall knowingly make a fale return ofvotes
given, he or they, so offending, shall on conviction, forfeit, and
pay each to the territory, a sum not exceeding two hundred dol.
lars, nor less than fifty dollars, to be recovered in any court of
record, in the name and for the use of the territory, in an action
of debt, with costs of suit at the suits of any person who may
sue for the same, one hall to the use of the territory, and the
other half to the use of the person suing.
Sac. 22. And be it further enacted, That if any candidate tim &mnnnne
choose to contest the right of any person proclaimed to be duly ofcooteitinge-
elected, to hold his seat in the house of representatives of the election ofdels
United States, such person shall give notice thereof in writing gat.
to the person whose election he intends to contest, or shall leave
a notice thereof at the house where such person last resided,
within fifty days after the Governor's Proclamation, notifying
the result of the election, in which notice shall be expressed the
points on which the same will be contested, and the names of
the justices of the peace, who will attend the taking of the de.
positions and when and where they will attend to take the same;
provided, that the time fixed upon for taking such depositions
shall not exceed four months ftor the day of election, and the
said justices shall have power, and they are hereby authorized
to issue subpoenas to all persons whose testimony may be re-
quired by t either of the parties, commanding such person to ap-
pear and give evidence at the time and place therein mentioned,
under the penalty of fifty dollars, except for justifiable cause, to
be levied upon each and every delinquent, who hath been duly
served with process, and the said justices shall hear and testify
under seal, all testimony relative to such contested election, to
the speaker of the house of representatives of the United States :
Provided, nevertheless, that no testimony shall be received
which does not relate to the points expressed in the notice, a
copy of which notice, attested by the person who delivered or
served the same, shall be delivered to the saidjustices.
SEc. 23. And be it further enacted, Tiot any person intend-
ing to contest said election, of one returned to serve as a mem-
ber of the Legislative council, such person shall, wiibin thirty
eanteetingelec days after the election, give to the person returned. and whose
tion of menib- election he shall intend to contest, a written notice sttinr the
arn of the coun
.of ten particular grounds upon which the same ill he contested, and
the name of the justice of the peace or notary public, before
whom the depositions will be taken; and also give the party
reasonable notice of the time and place of taking such deposi-
tions : Provided, that no deposition shall be taken after the sec-
ond Monday of the session of the Legislatlve Council, and the
said justice or notary public, shall issue his subpcenus for such
persons as may be required by either of the parties, to give tes-
timony, and any person refusing to appear and give testimony,
when subpcnned for that purpose, shall be fined by the magistrate
or notary public, issuing such subpoena, in the sum of fifty dol.
lars, except for justifiable cause, and execution may issue there-
after; and the said justice or notary public shall take all testi-
mony relative to such contested election, and shall seal up und
'transmit the same to the president of the legislative council.
SEc. 24. And be it further enacted, That any person who
ion ostilegrke may intend to contest the election ot' one returned to be cora-
nounty court, missioned as clerk of the county court, sheriff, coroner, or coun-
-iberiffs coron- tv surveyor, shall wi hin ten days after the election, give to the
erm andcoauty person returned, and whose election he shall intend to contest,
*arveyors. a written notice stating the particular grounds upon which the
same will be contested, and the name of the justice of the
peace, or notary public, before whom the depositions will he ta-
ken ; and shall give to the person whose election he may intend
to contest; at least obur days notice of the time and place of ta-
Iting such depositions: Provided, that no depositions shall be
taken after i longer period than three weeks after the day of
election, and the said justice or notary public, shall issue his
isbpcena, for such person or persons as may be required by ei-
ther of the parties, to 'give testimony, and any person re-
Afsing ioappear and tive testimony, when s bpcned for that-
mirpose, shall be fined by the justice of the pence or notary
public, issuing such subpmane, in the sum of twenty dollars,
(except for justifiable cause) and execution may issue thorcfor,
and the said justice or notary public, shall take all testimony
relative to such contested election, and shall seal up and trans-
mit the same to the Governor of this territory, whjse decision
thereon shall be final.
SEc. 25. Be it further enacted, That if any person shall vote
contrary to the provisions of thiA act, or who shall vote twice at
the same election; he shall be liable to indictment as for a miT- persons voting
demeanor, and on conviction shall be punished by a fine not ex- contrary to
ceeding two hundred dollars, and by imprisonment, for a Lime thisact etc.
not exceeding six months at the discretion oft a jury.
Passed Feb. 13. 1833.
-approved Feb. 17. 1833.
Cnar. 676 [No. 19J AC ACT relating to fees. 371. 372. .75,
SEe. 1. Be it enacted by the Governor and Legislative coun- Act 18;i8 re
cil of the Territory of Flordia, That the act to determine the pealed,
fees of certain officers in this territory, and for other purposes
passed November 22d 1828, be and the same is hereby reviv-
SEc. 2. And be it further enacted, That all acts and parts of sube.i ptac
acts, passed subsequent to said act, in the preceding section repealed.
mentioned, regulating fees, except the act prohibiting clerks of
county courts, from pay for extra services, be and the same are
Sac. 3. And be it further enacted, That the eighth section eighth sc;;
of .the act regulating the fees of certain offices, approved Feb- of act Feb tl),
ruary the 10th 1832, be and the same is hereby declared not to 1831, not ia
have been in farce, and all just and lawful accounts of the offi- fores.
cars of this territory, for services rpedered, shall be .atlAed and
adjusted, without any reference to said eighth section.
Sec. 4. Be it further enacted, Thatjudgesor presidingjus- fessof Judges
ties, of county courts shollbe allowed tor eac order at cham- of the county
bers, seventy-five cents, and fer each order in termtime, thirty
seven and a half cents.
See. &. And beitfurther enacted, That port wardens, shall teoqwardw i
receive for the first visit, to examine and survey the hatches of not allow~ps
a vessel, three dollars: for first visit to survey, three dollars: l
tending and directing sales at auction per day, five dollars;
every certificate, two dollars; attending a survey owt of ths
ttyVr town, in additj~o te;tl regular -ies. all) --c6i
furnished, per day, three dollars; Provided,they shall in no ease
be allowed to charge tees, unless specially called on.
,Passed Feb. 17, 1833.
Approved Feb. 17, 1833.
CuAp. 677 [No. 20. AN ACT concerning the Commissioner of the Tall<
SEc. 1. Be it enacted by the Governor and Legislative coun-
salary of comn cil of the Territory of Florida, That the commissioner of the
missioner. Tallahassee Fund, shall hereafter receive the sum of two hun*
dred dollars annually, in full for all his services.
PASSED k eb. 15, 1833.
APPROVED Feb. 17, 1833.
Isee chap. 381,
3825, CAP43. 678 [No 21] AN ACT To establish county courts, and preseribe
Sic. 1. Be it enacted by the Governor and Legislative coun-
cil of the Territory of Florida, That there shall be organised
duties and p-w in each of the counties of this territory, a county court, to be
era of Judges holden by one judge, who shall be appointed by the Governor
ofcountycourts and Legislative council, and shall hold his office for the term of
four years, the judges of the county courts respectively shall
possess and exercise all the powers, and perform all the duties
of justices of the peace, within the limits of their several coun-
ties ; but they shall have no jurisdiction, as justices for the trial
of civil cases, every such judge before he enters upon the du-
ties of his office shall take an oath faithfully and impartially, to
discharge the same, and to support the constitution of the Uni-
SEc. 2. Be it further enacted, That the county courts thus
established, shall be courts of record, and shall within their re.
C'ty. C to be spective counties, have and exercise original jurisdiction over all
eurts of reod cases where the sum, debt, damages, or matters in demand, or
diction. controversy, shall be above fifty and not above one thousand
dollars, and also over all cases where the sum, or matter in de.
mand, or the value of the thing in controversy, is not above fifty
dollars: Provided in evelv such case, that jurisdiction over the
same has not been given to any other court or courts of this
territory aMd als* e*vr U sces where the sum, debt, dmagt.w
matter in demand, or controversy,.isaabove fifty dollars, where
a judge of a superior co6rt within~bisownjudicial district,is a party
plaintiff or defendant, or where sreh judge cannot for any cause
take cognizance of the suit, and appellate jurisdiction over the
judgments of any justice of the peace, the case on -every such
appeal to be tried anew upon its merits,. but without, requiring
written pleadings, but no appeal from any justices court, shall
be allowed, when the sum in demand or controversy, does not
exceed ten dollars, except tor matters of law apparent of re-
cord; and in every such case the trial in the county court shall
be upon. and by inspection of the record. And writs of error,
certiorari, mandamus* and prohibition shall issue from the coun*
ty to any justices court, which shall be tested by the judge e-
warding the same.
Sac. 3. Be it further enacted, That appeals flom any county appeals from.
court, shall be taken to the superior court, holden in and for the, ort to be t&
same county; and writs of error, and certiorari, mandamus, curt.
prohibition, and injunction, shall issue from the superior court,
to the county courts, which suall be obeyed by said county courts
SEC. 4. Be it further enacted, That the said courts shall'
have no criminal jurisdiction, except in cases not capital, where ma hve juri
the judge of the superior court of the district cannot, for "ny diction in cises
cause, take cognizance of the same, then in every such case, it involving capi-
shall be the duty of the prosecuting attorney, to give notice tal pishment.
thereof to.the judge of the county court, of the county in which
sueh case originated, whose duty it shall be thereupon, to cause
a vinirejacias to be issued, returnable to the next term of the
said court, to be h'lden at least twenty days after such notice,
and a grand and petit jury to be summoned for that special pur.,
pose, injlike manner as such juries are summoned in the supe.-
rior court. And the decision of the said county court, in every.
such case, shall be final. It is also provided, in case any suiut
shall be instituted, in any county court, in which the judge of
the superior court of the district, in which such county court is
holden, shall be a party plaintiff or defendant, either party may.
appeal from the judgment of such county court, or take the case
by writ of error, directly to the court.of appeals in the same.
manner, upon the same conditions, and subject to the same re-
strictions, and limitations as are provided in case of appeals.
from, or writs of error to the superior courts of this territory.,
It is also further provided, in case any suit shall be instituted
in any county court, in which the judge thereof is a party, or of
which for any cause such judge cannot take cognizance, .then in
every such case the clerk of said court, on request of either
party shall transfer the same, and all papers apperta;iing to it,
without delay to the clerks office of the superior court holdea
in and for the same county, the party requesting such transfer
first paying the leg.l costs to which.such clerk of the county
soort may be entitled in said suit; or such s4lit may at any tim%
be take.t from the county court into such superior court by writ
of certiorari, issued by the clerk of said superior court accord.
ding to law.
SEc. 5. Be it further enacted, That the said county courts
.. P. required skull hold two terms in each year, in each and every county, at
t.n:ttPl rtihttt such times and places as now are, or hereafter may -be estab-
tfrm in every I,-kd by law. That it shall be the duty of each and every jus.
ye:jr. for trans-
acting mount ticeof the psse, witihi this territory,to attend the county courts
business. ol his county, at the first term thereof, in each and every year,
for the purpose of transacting county business ; any two of whom
with tho dge of said court, or if the said judge from any cause
should not attend said court, any three of whom shall constitute
the necessary quorum for the transaction of county business;
and in any county in this territory, where the times of holding
the several term of the county court thereof as provided for in
this act, are not fixed and appointed by law, the said county
court when in session, for the transaction of county business,
may fix and appoint them.
SEC. 6. Be it further enacted. That the said county courts
being in session for the transaction of county business, asditec-
utiesofnenty ted in the next preceding section of this act shall have power,
onrscin e.wn by any agent, by said courts appointed for that purpose, to sue
business. for and prohibit, from trespass any lands that may belong to
their counties respectively, and may sell and dispose of the
same, for the use of their respective counties, in such manner as
said courts may deem nest. The said courts thus in session
shall and may take cognizance of sai matters relating to the
opening and keeping in repair of roads within their respective
counties, appointing overseers and surveyors, of said roads, es-
tablishing ferrie, and erecting and keeping in repair, bridges and
oauseways, and granmtig writs of ad quod damnam, for the erec-
tion of mills and other water works, for establishing and regu-
lating patrols when necessary, and for the maintainance -and
support of the poor, and infirm of their respective counties, and
shall havepower to levy and collect a poll and other tax for the
said purposes : Provided that wheaewerit shalt be deemed ne-
oessary by any county court, to levy any other taan a poll tax,
it shalt be the duty of such court to establish the. a rage value
of slaves in the said county, and no greater tax shall be levied
on other property, than is or shall be proportioned to the lax
levied- by the said court, upon slaves in the said county : Provi.
ded also, that no county tax shall be levied by the county court
of St. Johns county, for the purpose of erecting public buildings
of any kind. In opening and repairing roads, personal service
alone, shall be required, or a commutation in lieu there, at the
election of the person whose services are required, not to ox-
oeed one dollar per day,
.-ao. V. Be it father eaed, Tikat the..ounty tnes shal
e collected in the manner as the Territorial taxes aw plollect.
ed, and by the same persons, and it shall be the duty of the collector o c-
county court of each county, in session for the transaction of t-xes to give
county business, to order the tax collector thereof, to give bond bond and seen
to the treasurer of said county, with good and sufficient securi- rity.
ty, in a sum to be decided and approved by the judge of said
county, conditioned for the faithful performance ol the duties
of his office, and the punctual payment of the amount ol taxes
by him collected, at such stated times as may be fixed by said
county court: and the said county court thus in session, in each
county in this Territory, shall appoint a county treasurer, to hold
his office forte term of two years, unless sooner removed by
the county judge, who, before entering upon the duties of his
office, siali execute a bond to be filed in the office of the county
clerk, with good and sufficient security. to be approved by said
judge, in the penal sum of at least two thousand dollars, or ia
such larger sum as such court may direct, conditioned for the
faithful performance of the duties of his office, and in case the
office of treasurer be, or shall become vacant in any county, a
treasurer may be appointed by the judge thereof, till the next
session thereafter ensuing of the county court, for the transac.
tion of county business.
SEc. 8. Be it further enacted. That the judge of each coum.
ty court, shall have power either in open court4 or in vacation to powersBOenoa
take the probate of wills, grant and revoke letters testamentary, re otn the .'
and letters of administration, appoint and displace guardians of cort
infants, orphans, idiots, luniticks, and persons san tompos mens
s, and to make all necessary orders for issuing of process and
notices. That letters testamentary, or of administration, so
granted by the said judge, shel be issued by the ceak, and bea
test in the name of said judge. That the satd judge shall also
have power to order sale and distribution, in all cases-according
to laws ofestates, testate, or intestate, and shall have and ex*
ercise general powers as a judge of probate, and in the absence
of the judge of the superior court, from any county in ths Ter
story, the judge of the county court shall have fll power to
make all sach orders and intertocatory decrees in all eases in
ihaneery, pending or to be instituted in the superior courts, as
saidjodge of the county cotur may deem necessary and prop.
r, and, the papers therein shall be immediately returned to the
said superior cowrt, to be proreeded uponby said superior ousrt
as if such order or interlocutor deoaesisad heatmade-by smh
See. Be-it further enacted That upon probate o any eranre s ta
will, r grading letters-of administration, or upon any canue in the judge is
said county court, the party applying*to the court, shall pay to certammes.
the judge thereof three doWars fbr his fee, in emy cause, to be
paid at, or 'beI a any decision therson, whieb sam i ease of
Apcevery, and'execution shall beuakI a -a -pert 4:be r ees
46 rCOUTY COURTT
or in case of probate of any will, or granting letters of admin.
istration, shall be allowed to any executor or administrator,
paying the same in his settlement of the estate.
SEc. 10. Beit further enacted, That there shall be appointed,
in each justices district, in each county, one constable, or more,
Spka if the county court, in session for the tral.saction of county bu.
al siness, shall deem it necessary; every such constable to be ap-
~ aheir pointed by such county court, to hold his office for the term of
i two years, unless sooner removed by the said court, or in vaca-
tion, by the judge thereof, to take and subscribe an oath, faith.
fully to perform the duties of his office, and to execute a bond
in the penalty of five hundred dollars, under the same regula-
tions, and restrictions, as are prescribed to sheriffs, by the pro.
visions of this act : Provided, that nothing in this section con-
tained, shall prevent any constable from acting in more than
one justices district, in the same county : and provided, in case
of vacancyy in any district, the judge may appoint a constable
therein, to continue until the next session thereafter ensuing of
the county court, for the transactionn of county business.
SEc. 11. Be it further enacted, That there shall be com-
sheriffs to be missioned a sheriff for each county who shall perform all t:e
commissioned duties required of him by law, and before entering on the du-
bornand coun ties of his office, shall take and subscribe an oath faithfully to
rity to be giv- discharge the duties of his office, and shall execute bond in the
.*s by them' penalty of two thousand dollars, with good and sufficient secu-
rity, to be approved of by the respective judges of the county
courts, conditioned fot the correct and faithful performance of
the duties of his said office, which said bond shall be recorded
in the office ol the clerk of such court, and filed therein, and
said bond shall not be void upon payment of the whole penalty
thereof, but shall remain in full force, and the sheriff and securi-
ties shall be and continue liable to all persons injured by any
violation or nonperformance of the duties of his office. That
the county court in each county in this Territory, any two justi-
ces being present, shall, from time to time take up the list ofju-
rois, and shall select therefrom not more than three fourths,
nor less than one half of the whole number of persons returned
as jurors, according to law ; which persons so selected shall
serve as grand jurors and petit jurors, in the manner pointed
out by law. and those persons whose names are rejected by said
county court, shall no longer be liable to be placed upon the ve-
nire, until a new selection be made.
SEC. 12. Be it further enacted, That after every selection
venire of co- so made as aforesaid, the county court shall cause a list to be
erior court to made out and certified by the clerk of said court, containing the
e taken from
juriors so uelec names of all such jurors so selected ; which list shall be depo-
ted. sited with the clerk of the superior court for said county, and
the venire for said superior court shall be filled up from said list
in the manner provided by law
.SC. 13. Be it further enacted, That there shall be commis-
sioned in each county a clerk of the county court, whose duty clerks cfurt.
it -hail lie, to record all decrees, orders, judgments, and other appointed;their
papers required by law to be recorded, to keep the records and duties, etc.
minutes, and preserve the papers appertaining to county busi-
ness, or to suits, or other matters in said court; and who before
entering on the duties of his office, shall take an oath faithfully
to perform the duties of the same, and shall execute a bond in
the penalty of two thousand dollars, with good and sufficient se-
curity, to be approved by the county judge, conditioned for the
correct and faithful performance of the duties of his said office,
which bond shall be record in the office of said clerk, and be
filed in the office of the clerk of the superior court, holden ir
and tor said county. The bonds of the several county officers,
provided for in this act, shall each and all of them be made pay-
able to the Territory of Florida.
Sac. 14. Be it further enacted. That the sheriffs and clerks c!'k. l sherifd
of counties to
of the several county courts of this Territory, shall hold their hold office fo
respective offices for the term of two years, unless sooner remo- years
ved by legal authority.
Sac. 15. Be it further enacted, That the offices of the sev- el'ks. office to
eral clerks of the county courts, shall be offices of original re- be of origiraL
cord for deeds, mortgages, wills, and other instruments, requi-
red by law to be recorded in their respective counties.
SEC. 16. Be it further enacted, That it shall be the duty of
the clerk of each county court, to make out a correct docket of
all.suits and causes of action, brought in said court, at least five clerks required
days before the first day of each county court, and deliver the dto mke out
docket to issuO
same to the judge thereof, and in case either of the parties, to venie facias.
any suit before said court, or his attorney, shall request it, in
writing either before, or during the term of said court, said clerk
shall issue a venire facias directed to the sheriff, commanding
him to summon a sufficient number of qualified jurors to attend
the said term of said court; but in no other case shall such
venire acias be issued except as in this act, is herein before pro-
SEC. 17. Be it further enacted, That whenever there shall sheriff supply
not be a sufficient number of jurors so summoned, in attendance, deficency ofja-
it shall be lawful for the judge to order the sheriff to make up riors by sum-
the deficiency from the bystanders; and the jurors in county losing bysta
courts, shall possess the same qualifications, and be liable to the
same exceptions as jurors in the superior courts.
SEC. 18. Be it further enacted, That the county courts shall County courtS
have power to fine and imprison forgontempt of their authority: aitbb i ,co
Provided, that the fine for such contempt shall in no case exceed tempt.
twenty dollars, or the imprisonment twenty-four hours.
Sac. 19. Be it further enacted, That cases by appeal and mode oftaking
writ of error, shall be taken from the county to the superior county toosup
court, in the same maMwer, upon the same conditions, and sub- nor court,
ject to the same restrictions, and limitations, as are provided i6
case of appeals from, or writs of error to the superior courts of
this Territory : Provided, that such restrictions or limitations,
shall in no case be construed to deprive the party of their appeal
or writ of error, by'reason of the smallness of the amount ia
demand or controversy.
SEc. 0. Be it further enacted, That if either party shall
desire to remove his case, by writ of error or by appeal, from
the judgment of the county court, upon any matter, rule, order,
bill of excep- or decision of the court, not otherwise appearing on record, he
proved whb t may, i like manner, as in the superior court, file his bill of ex-
judge be made ceptions thereto, praying that it be signed sealed, and madt a
part of record. part of the record, and it shall be the duty of the judge, to in-
spect the said bill, and if it contain a correct and faithful state-
ment of the point, matter or decision, excepted to, the said judge
shall sign, seal, and certify the same, and it shall thereupon be.
come a part of the record, and be placed among the files of the
case, and if it shall appear to the superior court, that any case
brought into it by appeal or writ of error trom the county court,
was so brought upon pretexts merely frivolous, and for the pur-
pose of delay, then, in every such case, damages may be awar-
ded to the aggrieved party not exceeding ten per centum, on the
principal sum fbund due. No person shall be allowed to with-
draw an appeal after it shall have been entered, but by consent
Eac. 21. Be it further enacted, That should the party neg.
lect to take an appeal within the time allowed by law, he may at
knm for taking any time witbin two years thereafter, before or after the final
appenlslimited execution of the judgment, procure a copy of the record, and
-to 10 years- if there he error in the proceedings,,asbign said error, and pre-
sent it to the judge of the superior court either in term time, or
in vacation, and should the judge be of opinion that injustice has
been done, or that there is error in the proceedings, he may
award a writ of error to the county court in which the judgment
was rendered, which if before the final execution of the judg-
ment, shall be a supersedeas, and suspend further proceedings
upon the judgment or execution, until the matter thereof should
be heard in the said superior court, the writ of error thus awar.
ded, shall be issued by the clerk .'f the superior court, and its
operations as a supersedes, shall be obeyed by the clerk and
sheriff of the county court respectively, upon notice thereof,
which shall be given by the clerk of the superior court, endors-
ing the writ of error, supersedeas" A. B. clerk.
SEC. 22. Be it further enacted, That whenever there is art
when the deei. appeal from a justice of the peace, to a county court, and the
sion of courts decision of the justice shall be confirmed, the decision of the
"all be final, county court shall be final, except in cases where a question or
questions of law apparent of record, by bill. of exception or
otherwise are involved. Provided however, that no judge of
JUSTICES OP THE PEACE
superior court, or judge of a county court, in this Territory,
when a party in a justices court, shall have a right to appeal from
the decision of said justice, to his own court.
SEC. 23. Be it turthet enacted, That an act entitled an. act
to establish county codrts and prescribe their jurisdiction, ap.
proved the 18th November 1829, and all provisions, acts or Repealing
parts of acts, relating to the same subject, inconsistent with the claiue.
provisions of this act, be and the same are hereby repealed.
Sec. 24. Be it further enacted, That upor. every verdict ren- Fees .ofjuro
dered by a jury in any of the county courts of this Territory,
the jury shall ,e entitled, before the rendition thereof, to receive
from the plaintiff three dollars.
Passed Feb. 13th 1833.
Approved Feb. 17th 1833.
Ctap, 679 [No. 22,] AN ACT relating tijustices of the peace. 473,6656. etc.1
SEc. 1, Be it enacted by the Governor and Legislative asuffll'intNo
Council of the Territory of Florida, That suci number ofjusti. ofjuMieestobe
t ..... .. .. app sted.
ces of the peace, as the ptblick good may, requr, may be ap-
pointed by the Governor and Legislative Qpptdnci q each coun-
ty and in each justices district in any county in this territory;
and at any time when the Legislative Council sa ll not be in
session, the Governor of this territory, may appoint a justice or
justices in any county, or justices distric~g wineiyei it slall
appear to him that the public good rreuires it, but ti every
such case the appointment shall terminate at the eni of the next
session of the Legislatise Council thereafter, unless at auch
session the appointment be approved an fd coniried by thiecoun-
cil according to law. .
zSac, 2, Be it further enacted Thiat upon t6i Rg41,4fany Aagrston ol
case in the superior or county, pourt appealed from aui e, tciipropay
the testimony oteeither party shall be admitted if under i f e cir- mPPeali.4l d
cumstances, it might by law be admi4d iii a jiusices court. j clius
SEc, 3, And be it irtiher enacted, That every jury, that ren- J3ry fees in
der a verdict in a justices court shall be entitled to receive the jusce court.
fee of one dollar and fifty cents from the plaintiff, to be paid be-
fore delivery of the verdict; and to be taxed in the bill of costs
in said suit.
Stavo4, And be it further enacted, That ip all cases in ju|i- wheneaitiion
cos courts when execution has been issued an" rtiiurned no for cost may
property found, the justice may at his discretion, issue execu-
dton against ti~rplaintiff f6 costs due ou suaidteeetion after de*
mindd made. ...
Pa1dst4 isb iL. I JAfeddtii. W188
50 .JOWICIAL ROCOIDINGSS-NOLDING SUPERIOR COURT
fse chap.355 nCA 680 !No. 2".] AN CT amendatory of the act of November 21l,
etc 1 128 entitled an act regulating judicial proceedings.
the49thsecdon SEC, 1, Be it enacted by the Governor and Legislative
of No. a1". Council of the Territory of Flor.da, That from and atter the
passage of this act the 49th section ofthe act, of'November 21st
1828, entitled an act regulating judicial proceedings be and the
same i. hereby repealed.
Passed Feb. 16th 1833.
Apprened Feb. 16th 1833.
Va*A 681 [No, 243 AN ACT to change the time of holding the superior
courts in the counties of W alton, I'ashington, Jackson, Fayeue. and
Sac. 1, Be it enacted by the Governor and Legislative
4ame o hol, Cotnci of the Territory of Florida, That the time of holding
ing superior the superior courts in the foregqing counties shall be as follows;
cour in Wal- in the county of Walton, on the first Monday in March, and the
ton Washing- third Monday in November, in the County of Washi Igton, on
Favette and the second Monday in March, and on the fourth Monday in No.
Franklin. member, in the County of Jackson, on the third Monday in
March and first Monday after the fourth Monday in November,
in the County of Fayette, on the first Monday after the fourth
'Monday in March, ind on the second Monday after the fourth
Monday in November, in Franklin, on the second Monday after
the fourth Monday in March, and on the third Monday after the
Fourth Monday in November.
r cttbe itn S c, 2, Be it further enacted, That this act be in force from,
passage and aftar its fial passage.
Sac, 3, Be it further enacted, That all process returnable or
,return of pro. returned to any of tht said superior courts shall be considered
ces above co. of the respective terms as herein above directed.
gated. PoPasd Jan. 28th 183.
Approved Feb. 2nd 183I8
CaAp. 682 [No. 25] AN ACT to alter the time of holding the coustyeoau
of Gadsden County,
Jan term orf SEC. 1 Be it enacted by the Governor and Legislative
dsdea wa Council of the Territory of Florida, I hat the January term of
ty oort. the county court of Ga44ede (Gounty, shall be held on th
sUPERIOR COURT IN HAMILTON COUNTY-COVURTS IN MBINRON6 t
third Monday in January in each and every year, and that any
law heretofore passed contrary or inconsistent with the provis.
ions of this act, be and the same is hereby repealed.
Passed Jan. 24th 183.
.ppraed Jan. 3lst 1833.
.Ca 683 [No. 26] AN ACT to provide for an additional term ofthe saw
perior court in Hamilton county.
SEC. 1 Be it enacted by the Governor and Legislative Coun- additionalterm
eil of the Territory of Florida, That it shall be the duty of th" in Htamilton.
judore ofthe superiorcourt, tor the middle district o? Florida, to
hold a court on the first Monday in June, in each and every year,
in addition to the term held on the rs t Monday in december,
in and tor thn said county of Hamilton at the county seat of said
Passed Jan. 31si 1833.
proved Feb. 9th 1838.
C Pr 684 [No 271 AN ACT to prescribe the times of holding county
courts in the county of Monroe.
SEC. 1. Be it enacted by the Governor and Legislative cenntf ceaut
Council of the Tetritory of Florida, That from and after the ofMoroe. j
first day of May next, the times for holding county courts in
said county of Monroe, shall be the third Mondays of April and
October, in each and every year; any law heretofore in force
to the contrary notwithstanding.
Passed Feb. 7th. 1833.
Approved,. Feb. 11th, 1831
CaPe. 685 [No. 281 AN ACT to fix the times and places for holding the
several terms of the superior court of the district of East Florida, for the
Counties of Duval, Nassau. Alachua, and Columbia.
SEC. 1. Be it enacted bythe Governor and Legislative Coun- sup'rioro'ear
in the eastern.
cil of the Territory of Florrda, That the superior court of the district.
district 6t East Florida, hall commerce its term in each,-and
52 BOUNDARY LINE OF JEFFERSON AND JA.CKSON
every year at Jacksonsville for the county of Dural, on the se.
cond'Monday in April, and on the first Monday of December:
At Newnansville for the counties of Alachua and Columbia ;. on
the last Monday in March, and on the Tuesday next preceeding
the last Monday in December, and at the county court house ol
the county of Nassau, for said county on the Wednesday next
after the first Monday in April,and on the Wednesday next pro-
ceeding the first Monday in December
SEc. 2. Be it further enacted, That all process returned, or
turn of pro- returnable to, and all suits pending in the superior court, for the
e"s tu thre several counties above named shall be considered as of the res.
bil. pective terms therein above named.
Reased, FEb. 5th 1833.
approved, Feb. 9th. 1838.
Cnar 686 [No. 29] AN ACT to establish the eastern boundary 'line of
Szc. 1. Be it enacted by the Governor and Legislative
eastern bond Council of the Territory of Florida, That gum swamp shall be
ary lineofJef- the eastern boundary line of Jefferson County, commencing at
person. the Georgia line, thence down said swamp to the little Ocilla,
the present boundary line of said county.
SEa. .2. Be it further enacted, That so much of the act defin-
Rep. clause. ing the boundary line of Jefferson County, as conflicts with this
act, he and the same is hereby repealed.
Pssd JAcb. 8, 1883.
approved Feb. 9, 1S33,
Care 687. [No. 301 AN ACT to define and fix the southern and western
boundary line of Jackson County,
Sac. 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the southern and wes-
tern boundary line of Jackson County be so altered that the di-
viding line between said county and Washington on the south.
oundariwe. ern side, shall be the basis parallel; and on the western side, the
dividing line shall commence at the south west corner of town-
ship one, range twelve, north and west, being on said basis par-
alel, and running from thence a due north course on the divi-
ding line between range twelve and thirteen, to the dividing line
between township four and five, and the itorsection of the
BOUNDARYY LINZ O # AETTZ COUNTY.
two said lines; thence a westerly course to the junction'of Par-
rots creek, where it discharges its waters into the Choctawnat.
chee river; thence up, and with said river to the Alabama line.
SEC. 2. Be it further enacted, That all I ws and part, of repeal flaws
laws, previously passed defining the southern and western bonn- eaifliecingw1i
dary line of Jackson County, or so far as they conflict with the 'e troj aco'
provisions of this act, be, and the same are hereby repealed.
Passed Feb. 15. 1833.
Approved Feb. 16. 1833.
(sea Chap. 61l
CA.. 688 [No. 3S.1 AN ACT. more accurately to define the bounda etc)
ries of Faette Co unty, and for other purposes'
SEC. 1. Be it enacted by the Governor and Legislative
Council of the Territ ,ry of Florida, That the district of country
included within the following boundaries, to wit; beginning at bWaddariw.
the point on the Chatahoochee river, where the northern boun-
dary of township four, range seven, north and west, intersects
said river; and running thence west to the north west corner
of township four, range eight, north and west; thence south to
the federal road, thence with said road to the Chipola river;
thence down said river to the cut-off, thence wish said cut-off to
the Apalachacola river; thence up the Apalachala and Chata-
hoochee rivers to the place of beginning; shall constitute a
county to be called, the county of Fayette.
SEC. 2. Be it further enacted, That it shall, and is hereby
made, the duty of the judge of the superior courts in the west-
ern judicial district to hold superior courts for the said county, ouperioe enr"
at the town ot Ochespe, at such time as is, or may be provided Ooheesee.
for by law.
SEC, 3, Be it further enacted, That the district of country
formerly included in the limits of Jackson County, and not with- pxst oJackoi
in the lines of Fayette as prscribed by this act, shall revert qooaty rea
back, and be considered as part ofthbq county of Jackson, ed.
Sac. 4, Be, it further enacted, That it shall be, and is here-
by made the. duty of the jqdga of the county court of Fayette county court.
county, to hold two terms of said court in each and every year,
at the town of Ochqse4, comnpenciog said terms on the first
Monday in May and October.
SEc. 5 Mail-efurther enacted, That all laws conflicting with
the provisions of this act, be, and the same are hereby repeal- Rep. clas-
Pased Feb. 14. 183&.
AppreogF'eb^ 16. 183^
34 TAX FOR BRIDtIS ?TC-COZINTY UITIC IN WALTON
Char. 689, [No S32. AN ACT to authorize the county court of Gadsdeo
County to lay a tax for the purpose of building bridges in said county
Sac. 1, Be it enacted by the Governor and Legislative
amry courts Council of the Territory of Florida, That the county court of
to apess and Gadsden-County be, and they are hereby vested with full pow.
aaiJ..t Ihe tax.
er, at their first session after the passage of this act, and annu-
ally thereafter, to assess and collect a tax to raise a fund for the
purpose of building such bridges in said county, as the county
court thereofhas, or may hereafter order : Provided the same
shall not exceed one hundred per cent on the assessed amount
of the territorial t.ixes paid by each and every individual in" said
mode of col- SEc. 2, Be it further enacted, That the tax thus imposed
kgting tax. shall be collected by the tax collector of said county at the same
time and in the same manner that the territorial taxes are cel.
elected; and the same compensation shall be allowed to the tax
collector as is allowed for the collection of territorial taxes.
SEc. 3, Be it further enacted, That the tax collector of said
ordect to tun county shall pay over to the treasurer thereof such sum or sums
of money as he may have collected, which shall be subject to
the order ot the county court of said county ; and shall be lia-
ble to the same pains and penalties as are imposed by law upon
th- ditierent tax collectors in this territory, for a failure or neg.
lect to perform their duties.
Passed Feb. 14, 1833.
Approved Feb. 16th 1888
Cuar. 690. [No. 33] AN ACT to provide for the permanent location of
the county site in Waltou County and for other purposes.
Location to be SEc. 1. Be it enacted by the Governor and Legislative
determined by Council of the Territory of'Florida, That an election shall be
an election. held in the county of Walton, for thepermanent location of the
county site in said county, on the first Monday in May next ;
which election shall be conducted .by the same inspectors ap.
pointed to conduct the election for delegate to congress at each
and every precinct, in said county.
returns to be SEC. 2, Be it further enacted, That the inspectors of said
made to the delegates election shall within ten days after said election trans-
cofthe co. mit, or cause to be transmitted to the clerk of the county court,
a return of the election held for the county site of said county,
and it shall be the duty of the clerk of the county court in said
county to proclaim the settlement in said county elected for the
location of the county site, by advertising the same in four of
the most public places in said county, so soon as convenient
after said election.
COUNTY 2IT9 IN WLLTON
Sac. 3. Be it furtherr enacted, Tlat the settlement known Alaqua and
by the name ot Alaqna" and that known by the name of" San- Sandy Cmreek
dy cr i k settlement," near Campbells pond, are hereby nonin- he the. place'
ated as the places to be voted for, and that the place having a voted for.
majority of votes shall be the permanent site ot said county.
SEc. 4. Be it further enacted, That David Evans, Isaac M. commissioner
Hunter. Neil McPher;on Esq, Jacob Pyburn, and Richmond appointed.
McuDavid be, and they are hereby, appointed commissioners to
select the most convenient situation in the settlement which
shall be elected for the county site in said county, within sixty
days after said election, whose decision of location shall be per-
manent ; and so soon as the election of location for county
site is made by the commissioners or a majority of them, the
said commissioners or a majority of them, shall have power and
authority to contract for the erection of a court house in said
county: Provided, that the sum for the erection of the same,
shall not exceed two hundred dollars.
SEc. 5, B- it further enacted, That the county court of their duties d
WTalton county, shall have power at the first term after the per- powers.
manent location is made for county site, to direct the asses-
sing and collecting of a tax tor the purpose of defraying the ex-
pense of erecting a court house in said county: Provided the
same shall not exceed twenty-five per centum upon the territori-
al taxes, nor more than twelve and ahalf per cent on the county
taxei now authorized by law.
Sec. 6. Be it further enacted, That the county court of
said county shall also have the power to direct the assessing tax to be Mse
and collecting of a tax so as not to exceed one and a halfcents, sed by county
upon each head of cattle, (over twenty five,) that is owned by court.
any citizen of said county, to raise an additional sum for the
pu pose hereinafter mentioned, and it shall be the duty of the
owner or keeper'of any stock of cattle, to give in upon oath
(if required,) to the assessor, a true account of the number of
cattle by them owned, or in his possession
SEC. 7. Be it further enacted, That so soon as the court Ceanty eC, s
house in said county is completed and received by said commid- ha ton cttle
sioners, it shall be the duty of the judge of the superior couit
and the presiding justice or judge of the county courts, to hold
their courts in said court house at such times as are required by
SEc. 8. Be it further enacted, That all arrangements here- when in farc.
tofore entered into, relative to the location of the county, site
of Walton county, are hereby revoked; and that this act shall
take effect from and after its passage.
Passed Feb. 141i 1833.
.8ppreed, Feb. 16, ISa,
see chap- 76 CAP. 691 .[No. 34] AN ACT to establish and regulate the rates of pilot-
Vt.) age for the St. Johns and Nasau i ivers in the Territory of Florida.
SEC. 1. Be it enacted by the Governor and Legislative
Council of the Territory of Floride, That the following fees
was and rates andrates of pilotage be allowed to each and every pilot, pilot-
ilon tes. ing and conducting a vessel over the bar of the rivers St. Johns
or Nassau, to wit; for every foot of water which said vessel
may draw, two dollars; for every day which said pilot may be
detained on board any vessel, two dollars.
Sac. 2. Be it further enacted, That when any vessel bound
vessels not ta- to the port of the rivers St. Johns or Nassau, shall be hailed
bod pilot on or spoken by any pilot of the rivers aforesaid, East of the outer
the rates 'f buoy, or East of the bar of Nassau outlet, and said vessel, not
pilotage. having a.pilot on board. shall refuse to take and receive said
pilot, so hailing and speaking, said pilot shall be entitled to
demand and receive from the owner, master or consignee of
said vessel the same fee and rate of pilotage as if-said pilot had
been taken and received on board said vessel, and have con-
ducted and piloted the said vessel, in to any port or harbour to
whichshe was bound.
SEc. 3. Be it further.enacted, That when any vessel out-
*outward bound waid bound, and about to sail from the rivers St, Johns or Nas-
vesseis refusing sau, and the master or owner of said vessel shall refuse to re-
to take a pilot
to pay half the ceive and take on board a duly authorized pilot of said rivers,
rates. such vessel, master and owner thereof, shall be liable, and is
hereby made liable, to pay the pilot fist tendering his service
as pilot to said vessel, one half of the said pilotage which ig
hereby authorized to be charged and demanded, as if said ves-
sel had been actually piloted and conducted trom said rivers by
bow fees may SEic. 4 Be it further enacted, That all fees and rates of pi-
be recovered. lotage which may become due, be and the same are hereby
made recoverable before any court of record, or any justice of
the peace in this territory.
Sac. 6. Be it further enacted, That the county courts of
county courts Duval and Nassau counties respectively, shall appoint and li-
authorized to cene such persons as may be deemed most fit and proper, to
appoint pilots- act as pilots for the conducting of vessels inward or outward
trom said ports, or either of them, during their good behaviour,
and may require such bond with security for the faithful perform-
ance ot the duties required of him, or them as the said courts may
deem proper; which bond it required shall be ma,!e payable to
the Governor of this territory for the time being, and his succes-
sors in office, and moreover, shall take and subscribe an oath
or affirmation, well and truly to execute and discharge all the
duties required of him or them as pilots.
Sec. 6. Be it further enacted, That all laws or parts o*
PUBLIC PROPERTY--BUILDING A JAIL AT rEY-WEST if
laws heretofore passed conflicting with the provisions of this Rep.clatusm
act he, and the same are hereby repealed.
Passed Jan, i9, 1833.
Approved Feb. 1, 1833.
IUnrA. 692 [No. .5.] AN ACT respecting the public property at St. Marks. t3se cknp.515,
553. 639. etc.l
SEC. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the first day corporation an
of April nextensuin,, the public buildings and wharf, in the town thonztdtorent
of St. Marks, shall be placed under the control of the incorpo- public- proper*
rated authorities o; that place, who shall have power to rent the
same, and to apply the proceeds of such rents to the improve-
ment of the said town, and of the public road in the nighbour-
Ec. 2. Be it further enacted, That an act respecting the act of 1832 r
public property at St. Marks passed 10th Feb. 1832 be, and pealed.
the venie is hereby repealed.
Passed Feb. 15, 1833.
Approved Ftb. 16. 1633.
CuAp. 693 LNo. 36. AN ACT amendatory of the several act providing (see chap. 571
for the building a jail at Key West. etc.]
SEC. 1. Be it enacted by the Governor and Legislative coun-
cil of the Territory of Florida, That the Judge of the superior
court of the southern JudicialDistrict of Florida, be, and liW is Commissiones
hereby authorised to appoint an3d commission a commissioner tobaappointed
in the place of Lackland M. Stone, to perform under the same
rules and restrictions, the same duties prescribed fori and en-
joined upon the said Lackland M, Stene, by the act of the coun-
cil of February 10th 1881, entitled an act to provide for the
building a jail at Key West.
SEC. 2. Be it further enacted, That the term of two years time extended
prescribed in the 5th section of said act, be and the same is
hereby extended to the period'of four years from the date of the
passage or id act.
SEC. 3. tk further enacted, That at any. time, in case of duties of coi
the death, removal, resignation or absence of eitherone of the misiooier.
commissioners, it shall, and may be lawful, and is hereby made
the duty of the other commissioner to do and perform all the
duties enjoined upon the commissioners by said act, and all hie
acts and proceedings, when thus acting, are hereby declared to
be of full force and effect, as if done and pel formed by both.
acantv to be SEC. 4. Be it further enacted, That at any time, in case of
killed up bysu- the death, removal, or resignation of either one of said corn-
periuorcart. missioners, it shall and may be lawful, and is hereby made the
duty of the Judge of the superior court of South Florida, to
appoint and commission another person to supply the vacancy
occasioned by such death removal or resignation.
.Passed Feb. 17. 1833.
.Approved Feb. 17. 1833.
Cs chap. CAP. 694, (No, 37.) AN ACT to abolish the tax oe hawkers and ped-
43 cha. 556 ars in certain cases therein named.
SEc. 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That from and after the
articles man. passage e this act, no hawker or pedla r shall be liable to the tax
acstoryexem- imposed by law : Provided he or they shall produce evidence
pt frwn tax. satisfactory to the court inwhich the same may be sued for, that
the articles so by him exposed to sale, are articles manufactur-
ed in the Territory of Florida, any law to the contrary notwith.
Eassod Feb 15, 1833,
approvedd Feb. 16. 1833,
(tBe chap. 579 CoAP. 695 [No. 38. AN ACT to orgamse and regulate the Militia of tht
0. Territory of Florida, and to repeal an act passed let day of Feb. 1832.
required to per
SEc. 1. Be it enacted by the Governor and Legislative coun.
cil of the Territory of Florida, That every able bodied free
white male inhabitant of the Territory, between the age of eigh-
teen and forty-five years, who has resided in the same fout
weeks in time of peace, and ten days in time of war, shall be
liable to be enrolled and perform militia duty,judges of the su*
peror courts, judges of the county courts, United States mar-
shais, district attorneys, justices of the peace, sheriffs, clerks,
post masters, mail carriers, ferrymen, clergymen, teachers of
public seminaries, keepers of public jails, keepers of light hou..
ses. and pilots, and their respective crews, are hereby exemp.
from doing mlitia duty, in time of peace; but in time of wa.-
rr insurrection or revolt, are liable to perform militia duty, ex-
cept such as are exempted by the laws of the U. S. organizatonqgt
Sec. 2. Be it further enacted, That the militia shall be or- h militia.
ganised into two brigades, ten regiments and twenty battalions:
and into five companies, for each battalion: The militia, west
of the Suwannee, shall compose the first brigade, and east of
the said Suwannee river, the second brigade; the first regiment
shall be composed of the militia in the county of Escambia, the
second of St. Johns and Mosquito, the third, of Jackson and
Fayette: The fourth, of Duval and Nassau, the fifth, of Gads.
den, the sixth, of Alachua and Columbia, the seventh of Leon,
the eighth, of Washington, Walton and Franklin, the ninth, of
Jefferson Hamilton and Madison, the tenth, of Monroe.
SEc. 3. Be it further enacted, That it shall be the duty of
the colonel of each regiment, to subdivide the same into two sub.division"o
battalions, by a line leaving the proportion of men as nearly regiments ete.
equal on each side as may be; and he shall communicate the
same to the Lieutenant colonel and Major, and shall assign to
each his battalion, in writing, whose duty it shall be to subdivide
their respective battalions into tive equal parts, leaving an equal
number of men in each, as near as may be, which subdivision
they .hall communicate to the captains of said districts, for their
information, in enrolling the men.
SEC. 4. Be it further enacted, That the Governor and com* staff of the
mander-in-chief of the militia, shall be entitled to the following chimnder in
staff officers : an adjutant general, and one quarter master gen-
eral, to rank as colonels, who shall reside at the seat of govern.
ment, and four aids de camp, to rank as lieutenant colonels.
SEC. 5. Be it further enacted, That the brigades respective-
ly shall be officered by one brigadier general, assistant adjutant Offieer
generals, brigade Inspector, brigade quarter master, and two
aids de camp to rank as majors. The regiments respectively
shall be officered by a colonel, Lieutenant colonel, and major,
the staff of each regiment shall consist of an adjutant to rank
as captain, a quarter master, and pay master, to rank as first
lieutenants, a surgeon and surgeons mate, Serjeant major, quar.
ter master serjeant, drum major, and fife major; the companies
respectively shall be officered by a captain, first, second and
third lieutenants, four serjeants, four corporals and a drummer
SEC. 6. Be it further enacted, That the staffofficers of every
grade, shall be appointed by the respective commanders, that is tointmentfo d
to say, that the Governor, brigadier generals, and colonels shall commissioned
appoint their own staff: and that captains of companies shall officers.
appoint their noncommissioned officers by warrant, who shall
serve two years or pay a fine of twenty dollars, on refusal to do
so unless they remove from the company.
SEc. 7. Be it further enacted, That the following rules shal)
govern the militia.
1. Ecerv commissioned officer, before he enters upon the
duties of office, shall take an oath or affirmation, to support the
;ng the i constitution of hhe:,Unitrd States, and faithfully, and to the best
;tia. of his abilities, execqte the duties enjoined,by his commission,
whidi oath -or affirmation shall be written on, the bick of the
commission, signed by the officer and attested by the person ado
2.. The drill and exercise prescribed by the laws of the U. S.
for the government of the army thereof, shall be adopted by the
militia of this'Territory.
3. The uniform otPthe officers shall be similar to that of the
army of the U. S,
4. In the equipment ofa private, a musket, rifle, or shot gur,
shall be indispensable: Provided, he be the owner of either.
6. At each muster the roll shall be called, and all delinquents
reported to the proppe'r officer.
6. Brigade regimental and battalion orders shall be given in
writing, a copy of which must be kept by the proper officer.
7. On tours of duty, a private may be represented by an able
bodied substitute, but on general requisitions, substitutes shall
not be admitted to the prejudice of the service ; tours of duty
shall be limited to the period of six months, but volunteer corps
may be made to serve for the whole time they stipulated on
when mustered into service.
8 Tho militia shall aid the civil authority, on a written re-
quisition df a civil officer specifying the object, and which shall
seem reasonable to the officer applied to.
9. If a sudden invasion or insurrection shall take place or bh
made or threatened o1 any portion of the Territory, the comn-
manding officer of the Militia, or any portion thereof adjacent
thereto, shall be, and he is hereby authorised and enjoined to
order out the rrlitia under his command, to repel or suppress
the same, and the troops thus ordered into service, shall be sub-
ject to and be governed by the rules and articles of war, pre-
scribed for the governn ent of the United States troops; and
that said officer shall'forthwith report the same to his comman-
ding officer, and to the executive by express.
10. No officer, noncommissioned or private, shall be arrested
by any civil process whilst attending any muster, court martial,
or whilst on actual service, or whilst going to or returning there-
from, and any arrest or service of process, or execution on the
person, at such time is hereby declared false imprisonment, ex-
cept tor ti eason, felony or breach of the pea ne, and all persons
on such service as above named, shall pass all bridges and fer-
ries tree of expense.
11. The arms and various accoutrements kept by the militia,
and used for militia duty shall be exempt from execution under
12. Breaches of order, subordination or disobedience to the
militia laws. on muster or other duty, shall be taken notice of
forthwith, by the proper offitr,'p~ln.rro'led and iport,'d :o the
commanding officer, hho p all oi-.r R'rL' irt miniiBa r thliir
trial, or tiae them in any uumutl eixceediihk rw'V1 i anlhli-rP.
13. Any persorror pR'n "h-ll by ,'Ado :lo 'o'r ncrneus
conduct, interrupt the nruiilia r tnu-t'r.vo ,rr-' irTiat br
otler difty, he or they qo' ,ffr1 ih:ll hI arrested b yJe'pro-
per officer; or president o'f-M l r'd h; ied in,sjc .'iurn
as the court martial ordered Wrl hi- o i*ir t rel /n.jv eP proper
ta a. i : FrovideFd ir iSp r d r "eed tw-nsvlollHr.,
14. In the proceediimi or arlft'1't in Ir"fti the -ice e'n i'a
majority of the members -hafl no ,q' w-siary to i- ntmi.el a
sentence of 2 iltv: And theyv .-hall w.id a punikle-S t i a cor-
ding to their estimation of ihe crrrpiin of the se .
15). All iepnrsoni aainist whom chart' bbe rlerted, shall
have d,' notice thereof, either *irrten 1 d, i46 na "
the seciric accusation, anl of lrfle ,e- i '
necessary. All field officers and-thLir iada !halI'havw -rty
days notice, all other officers, ten davys nolic e: And'.i n.n.ricin-
missioned officers and prjyatertive d hii e, e s,
breaches of the peace, insuhbordimstiin, and oitlr insoIdrerika
behaviour. on muster, in camn)p .P othei''duty, wh "n bte pppec
officer may arrest, and the comrnmau4ing officer, detail a court'
martial forthwith for their trial. .
16. In all courts inartal the officer4'iheli in rank, .alhal pre-
side ; hut if there be two' or mole'bl the same rank, of' the
hirhest ,'rade, the senior in commission shAll pr-side, and the
junior shall be recorder and,he shall cetitv the decision of the
court, and shall cau:e the same to be submitted to the officer
ordering the couri, which if he s`proves. shall be ~iosidered
final, if the same shall desionat the pmnshment, of eleahierl
but tbr a fine only, the recorder halat hand it to the proper 'co
electing officer to iaake the money.
17 The presiding officer of courts martial, -hall be sworn by
a member of the 'conrt, to' form his opinion r Me best of his
understanding, and to render -'jdtirnient with,,ut partially,
favour or affection ; and- sitil'aath shall befu'dndiiistr4d hv
the president to oach of the. their members. The "premid,-hMt or
recorder, on swearing, the witnd-ssei.sh. [tt swear li-m it) peali.
the truth, tan whole truth, and notinfh'.ut tile tru.thr and nse
president shall have power to issue subpomnas, t 'rcoimpclthe at-
tendance of witnesses, and to serve quch .umlltons by such per-
son as he may appoint, and designate; and said witgses;'shall
give their attendance or pay a fine tofnot more than itly dollars,
at the discretion of the court martial. '
18. All courts martial convened for the trial of "delinquents
shall be composed of the following ratio of colmlrmiS ion d of.
ficers, ?or the trial of a brialdier cen'-rud. Col. lheuienvtnt Col:
or major, not less than five, nor more than thirteen field officers;
for the trial of the governors or brigadier generals staff, not les,
than three, nor more than sf ven field officers; for the tri.;L of
any other commissioned or staffofficer. not less than three ;
for the trial of noncommissioned officers and privates, three
19. Where a sufficient number of officers cannot be had to
form a court martial, in any brigade, regiment, battalion, or
company, the officer ordering the same may detail from the ad-
jacent brigades, regiments, battalions, and companies, to com-
plete the said court martial.
20. All officers detailed on courts martial, shall give their
attendance or pay a fine not exceeding one hundred dollars,
unless they satisfy the officer ordering the same, that causes
beyond his or their control prevented their attendance, which
cause shall be made known to the officer ordering the same in
time to detail another officer.
SEc. 8. Be it further enacted, That when any regiment has
failed or refused to organise under the law passed November
19th 1829, it shall be the duty of the brigadier general coim.
raeotn o nding the same, to order an election to be held in the same,
eld offic in to elect the field officers on the third Monday in May next, which
certain cases. order shall be published in the nearest newspaper to said regi-
ment, and it shall specify such persons as they may appoint who
shall also have a written order to hold said election, or pay a
fine of fi'ty dollars each; and it shall be their duty to hold said
election and make returns thereof, under such rules and regu*
nations, as are prescribed for governing the election of civil of.
ficers of this Teritory, and all men above the age of eighteen
and under forty-five years, who reside within the said regiments,
shall be entitled to vote, and the persons having the greatest
number of votes shall be the persons elected.
SEc. 9. Be it further enacted, That if any regiment shall
refuse to organise, under the eighth section of this act, by the
legimentq and thirteenth day of June next; then they shall be attached to the
Sotnpanies re- o
fuingtoeorgan nearest organized regiment in said brigade, and shall compose
me. part thereof, and perform tnilitia duty therein ; and any compa-
ny who shall fail or refuse to organise when ordered to do so,
shall be attached to the nearest organised company, and perform
militia duty as part of' said company.
d o t SEC. 10. Be it further enacted. That if said regiments should
erve 2 years. elect their field offi' ers, it shall be their duty to selve two years
or pay a line of tive hundred dollars each, unless in cases of
death or removal therctrom, and it shall he the duty of the com-
manding officer of each battalion, where there ale vacancies ii;
any company, to order an election to fill the same, by appoiii-
ng two persons to hold said election, who shall make retur,:-
thereof, under such rules and regulatiois, as are prescribed to;
governing the election of civil otiicers in this Territory, and thl
persons appointed shall hold said elections or pay a line of tw'ci;
cv dollars each, and the persons having the greatest number of
votes, shall be elected, and shall serve two years, or pay a tine
assessable by court martial, except in cases of death or removal
from said company, which fine shall not exceed one hundred
SEC. 11. Be it further enacted, That it shall be the duty of notice of elect~
the persons holding the elections in the various districts, allotted tion.
for captains companies, to give ten days notice thereof at three
of the most public places in said district. commissions.
SEC. 12. Be it further enacted, That all military commis-
sions above first serjeant, (except staff officers) shall emenato
from the Governor, countersigned by the adjutant general.
Szc. 13. Be it further enacted. That from and after the pas-
sage of this act, the following rules and regulations, shall be 'le' forfilling
observed in filling vacancies of the following named officers. up vacaBcies.
1. When any vacancy shall take place in the office of any
colonel, it shall be the duty of the officer next in grade, in said
regiment, to order an election to be held at the several precincts*
in said regiment.
2. When any vacancy shall take place in the office of any
lieutenant colonel of infantry, it shall be the duty of the colonel
of the regiment, in which such vacancy may happen, to order
an election to be held at the several precincts in the battalion in
which such vacancy may happen.
3. When any vacancy shall take place in the office of major,
it shall be the duty of the colonel, or lieutenant of the regiment
in which such vacancy may happen, to order an election in like
manner; which said election shall he held and conducted under
the superntendance of three persons, to be appointed by the
officer or officers ordering said election, and it shall be the duty
of the sutaintendants thus appointed, after being qualified, to
open the polls at such time and places as the said officer or of.
ficers, ordering such elections miy direct, and it shall be their
duty to open polls and keep them open from ten o'clock in the
morning, until four o'clock P. M. then the votes shall be coun-
ted, and a certificate snade out seating the number of votes tr&
ceived by each person being a candidate, and the same shall be
forwarded to the officer ordering the election, within ten days
thereafter; and it shall be his duty to consolidate the returns
and forward a certificate, naming the persons elected to the ex-
ecutive, who shall issue a commission: Provided always, that
should it at any time happen, that the offices of colonel, lieuten.
ant colonel, or major, in any requirement should be vacant,
then, and in such case, it shall be the duty of any two captains,
in said regiment, to order an election, which shall be held and
conducted in the like manner : Provided also, that twenty days
notice, by advertisement, shall be given of the time and places
of holding any such elections.
JSc. 44. eo it further enacted, That where any vacancy
shall take place in captains, first, second or third lieutenant
i s conimissions, the colonel, lieutenant colonel, or in.alor, shall ap-
l 1ind third point in a reasonable time thereafter, two fit and proper persons
Lieutenaats. within said company to manage said election, who shall hold
the poll,, at the usual muster ground, from 11 a. m. until 3 p.
m. afier having given ten daysiaotice, at two of the mo-t pub-
lic places in said co!ilpan y,and on the same evening, the man-
agers .hall count over the votes and declare the person elected
in a certificate directed to the officer ordering the same, who
shall forward a certificate, naming the person elected to the ex-
ecutive, who shall issue a commission, thereon and that ill ofli-
cers now in commission, or that may be hereaafter comnmirsiol-
ed, shall hold the same during good behaviour, and sh:ih not bu
permitted to resign in.less than two years, unless they re-
move from the regiment or company district.
SEC. 15. Be it further enacted, That when any person thus
fines for not pointede, to hold elections in company districts, shall refuse or
holding elee- ail to do so, he or they ao offending, shall be find in a som not
onn. exceeding twenty dollars, at the di-cretion of the oiiicer order
ing said election, and said fine sihail be collected by the proper
;ac. 16. Be it further enacted, That company musters shall
time of hold- be held on the first Saturdays in Januury, April, July, and Oc-
ing masters. tober.
SEc. 17. Be it further enacted, That it shall be lawful for
the Governor t) call the militia into public service, whenever he
may deem it requisite for the public safety ; and it shall also,
governor an- be lawlul for the brigadier generals, colonels, lieutenant colonels,
theorized to call and majors, to order regimental muster in each and every re-
out lie pniitia giment in this Territory, on the third Saturdity in 4)cloler in
iancertai s eaci and every year ; and it shall be their duty to conviene the
commissioned and noncommissioned officers of each ieginenit,
on the Thursdays and Fridays beufre each regimental muster
to be drlied and taught the tactics.
SEC. 18. :e it further enacted, That should a.y officer, com-
manding any brigade, regiment, battalion, or company, fail or
refuse to carry into effect, the provisions of this act, in conse-
Proviiow quence of the death, resignation, absence or incapacity to do
nade iti caseol so, then the senior officer in commission in said brigade, regi-
non crnphanl meant, or battalion, or company, shall act in their stead, and if
ce ,, tue part they should refuse or neglect to act, the next officer in grade,
of otiters. and so on shall act.
SEC. 19. Be it further enacted, That when any brigade mus-
teielt I usfd ter, shall be ordered under the 17th section of this act, it shall
be the uity of the officer ordering tie same, to give thirty days
notice, that when any regimental muster -hall be ordered under
said act, the officer ordering the same shall give twenty days
notice ; that whin any battahlon intuster shall be ordered, it shall
be the duty of the officer ordering the same, to give ten daye
notice; that when any company muster shall be ordered, it
Hall be the duly of the officer ordering the same, to give five
days notice, except the regular day of master pointed out by
this act: Provided nevertheless, that any of those officers may
order out the militia under their command, at a minutes warn-
ing, in cases of invasion or insurrection.
Sac. 20. Be it further enacted, That it i.hall be the duty of dutyofthegaov
the Governor to arrest the brigadier generals, for neglect of ernor incaseat'
their duties, as pointed out in this act; and to detail a court arrest.
martial for their trial.
SEC. 21. Be it further enacted, That it shall be the duty of O Brigadiis
the brigadier general, to see that each of his regiments are or- general.
ganised agreeably to this act, and to see that the proper officers
make their return in due time to the adjuta.t general, through
him as specified, and agrecably to form. and to arrest such fiold
officer for neglect, and to detail a court martial forthwvith for
Scc. 22. Be it further enacted, That it shall be the duty of
the colonel of each rAgiment, to see that every company is du-
ly organised, and that the captains and adjutants make their re- of Cotonl an
turns in due time, agreeable to form, to the proper officer, and Captain.
to arrest such officers for neglect, and to detail a court martial
forthwith for their trial. And it shail be the duty of each cap-
tain, to see that his company is duly organized, and to arrest
such officers and privates, as shall neglect their duty, and detail
a court imatial for their tilal.
Sec. 23. Be it further enacted. That it shall be'the duty of
t!l' adjutant ot each regiment, to keep a book in which thea Reists ;t
tnaencs of all captains and lieutenants, shall be registered for be kept by AJ-
eaLc cuapany ; the eldest company, shall be known as compa- jutlans.
ny A. the second as company B. and he shall make his return
ini due time agreeable to form, and report such captains as flil
to make their returns in duo time.
Scc. 241. Be it further enacted, That the returns of strength Ri Io
and equipment, shall bie wade by captains otf cotnpauies,r- strengtretiiae
epectively, agreeable t9 forin in fivo days after the company quipmientto b
muster, on the first Siturday- in July in every year ; adt they 'ade.
shall transmit then to the adjutant forthwith, who shall within
ten days after the receipt of the sane, make his return agreea-
bly to form and forthblith transmit it to the assistant adjutant
general, who shall within ten days after the receipt therpof, make
is return agreeably to tbim, and transmit it to the brigadi.r
gettlrul, and if he shall approve the sai:nc, shall countersign it,
uad within, tive days!-transmiit it to the adjutaiu gtunera, who
Ihall on or before. tho fit'tenth day of October, aamtlatiiate the
trigade return agreeaL'ly to forin t'rnishcd, and transiiu it to
the adjutunt general of the United States.
SEC. 25, Be it t'urther enacted, That if any of the staff of
'he !ino shal refuse to cpWry into uelict any of tho duties as-
signed to them, they shall be fined in a sum not exceeding three
penalties for hundred dollars, or be cashiered at the discretion of a court
sta' officers martial, and if any captain, lieutenant, or regimental staff offi-
non.complianc cer, shall refuse or neglect to execute any of the duties assigned
with the provi- him, ha shall pay a fine not exceeding one hundred dollars, or
0ious of this be cashiered at the- discretion of a court martial ; and if any
S noncommissioned officer refuse or neglect to perform the duties
assigned him in thisact, he shall pay a fine of not more than
twenty dollars, at the discretion of a court martial, and if any
private shall refuse or neglect to perform the dties pointed out
bylaw, he shall pay for every such offence a sunm not exceeding
ten dpllars, at the discretion of a court martial.
SEc. 26. Be it further enacted, That the adjutants of each
tes ose regiment, shall collect all fines assessed in regimental courts
by o arts mar martial, on an ordrr from the president of such courts, contain-
tfiai. to be coI- ing a particular account of the amount of all fines,how and when
elected by tile incurred, and the names of the persons against whom the same
A~njtant. are assessed ; and shall give bond with sufficient security to the
colonels, that they will faithfully pay over all fines collected by
them, to the pay master of their respective regiments, taking
their duplicate receipts therefore, one of which receipts he shall
transmit to the brigadier general, and the adjutant is authorised
and hereby required under the penalty of twenty dollars, to call
on every delinqent named in said warrant, or in a schedule or
list to the warrant annexed, and to demand payment for said fine
or fines, and on refusal to make payment for the said fine or
fines on demand thereof, the adjutant having the aforesaid war-
rant shall proceed to collect said fine or fines, and shall be en-
titled to such costs as are received by sheriffs on executions,
beside ten per centum on the amount.collected.
SEc. 27. Be it further enacted, That the orderly serjeant of
each company, shall collect all fines assessed in company courts
Collection of martial, on an order from the president of such courts, contain-
fnes assessed ing a particular account of the amount of all fines, how and
by our mar* when incurred, and the names of the persons against whom they
are assessed ; and shall give bond with sufficient security, to
their captains, that they will faithfully pay over all fines collect-
ed by them, to the paymaster ot their regiment, taking his du-
plicate receipt therefore, one of which receipts he shall transmit
-go the colonel of his regiment, and he is hereby bound under
the same penalty of theadjutant to make collections, and is to
collect in the same manner, and shall receive for his services
the same compensation as is allowed to the adjutants of regi-
SEc. 26. Be it further enacted, That the paymaster of eacl
lay-master to regiment, shalt give bond and security to the colonel, or com-
Lse bod sad manding officerin such sum as he may deem sufficient to pa,
over to the field officers of said regiment, all the monies he
may collect, when a majority thereol shall give a written order
therefor, signed officially, reserving to himself five per cent. for
collecting and paying out, and it shall be the duty of said pay
master to report quarterly to the colonel, agreeable to a iorm
furnished, the amount of monies on hand, under a penalty of
not more than twenty dollars, for each offence, to be assessed
by a court martial.
SEC. 29. Be it further enacted. That all monies paid into disposition of
the hands of paymasters, shall remain there as a military fund, fines collected.
for the various regiments, until a majority of the field officers of
each regiment, shall agree to dispose of the same, for the pur-
pose of purchasing colours, drums and other military accoutre-
ments for the regiments; distributing the same as equally as
justice may require amongst the companies.
SEc. 30. Be it further enacted, That all he officers not spe-
cially mentioned in this act, shall perform their duties respec-
tively agreeable to custom, in military bodies, or agreeable to
the regulations of the army of the United States.
SEc. 31. Be it further enacted, That all orders or warrants
issued by any senior officer, or president of any courts martial,
ordered or detailed in pursuance of this act, for the collection to have force*
of any fine or phnalty imposed by this act, shall have the force ofexecutons.
and effect of an execution in law.
SEc. 32. Be it further enacted,. That the right of appeal shall
be allowed to any person against whom any fine may be impo-
sed by any company, or battalion, courts martial, to the next right of appeal
regimental courts martial, upon entering into bond and security
for eventual payment of said fine: Provided the same should
not be remitted.
SEc. 33. Be it furtherenacted, Thatall laws and parts of Rep. class.
laws, heretofore passed for the government of the militia of this
Territory, are hereby repealed.
PAss.D Feb. 15, 1833.
Ar aovco Feb. 17, 1833.
SI 111 i I I I
I do hereby certify that the above is a correct representation of the strength and equipment of company
in the regiment of Florida Militia on the day of 183
I ddo hrcby cer ttrny thht above is a prtmet fiipu [iig a io o astrricih. and eqipnlantfothe regiment ittaehed
t7 So tll, Ile Ibf klot dili the day 4 a d
of thp togithilt Of #IwA Mili~tiltia,
S I | I __ ,_ -... -. .. .
S I do hereby certify that the above is a correct statement ot the strength and equipment of the Brigade of Flq-
Srida Militia on the day 183 A. B.
Assistant Adjutant General of the Brigade of Florida lMilitia,
have examined, the above return and find it correct and approve it.
Brigadier General, of the Brigade of Florida M~ilitia,
A. B. Paymaster, to the Regiment of Florida, Dr. Contrary Cr. *.
1833 To cash received of C. D. Adj. to said cts. 33 .
Jan. 10 Regiment for fines collected for this 0000 To balance due'he iment 0
to cash received of E. F. Orderly Ser-
Feb. 6, geant to said regiment, for fines collec- 00100
ted thi.gdarter. I I
SSit-Herelvith you have my return for the quarter ending on the first of June 183 which you will please to ac-
knowle4lge the 6ieipt of. A. B., Paymaster.
., Col. G. IH. mmanding the Regiment, Florida Milit:a.
A. Bi., yIpswter4 to the. rei-himent of Florida, Dr. r .^cr- 7
April I, To balsnv due the regiment last quarter 0 00 Junelo0By cash paid J & M. elt is 1
To cash received of C. D. Adjutant to said in said regiment as per. order. 0- 00
Sregiment for fines collected this quarter. I'.'00 i eine .
SI -r-Flbrokth you bhve niy return for the quarter ending the 30th June 18 which you will please to ucknowleidgc
(he receipt of A B., Paymaster.-
Col G. II., Commanding the regiment Florida Milita.
SAINT IMOWSINN OUARDS
OVir. 696 (N 39,) AN ATP prbiding for te establishmentt and organic
atioa otfbo. St. Ausatineiguorils.
t. Aagustine SEc..t. Be it Opacted .bV-the nvernor and Legislativo
Guardsconsti aunci of the Territory of Elrida, That the uniform military
ntIted an inde--co nItany of the City of St. ~igustine, known as the St. Augus.
pendant com.4tie guards, hall 1, and theisame is hb$by constituted an in-
pany dependent company, te calledt.e St' lngustine guards.
how far it SEC..2. Be R further enacted, That the said company may
be increased ebeincreased so as to consist of one major commandant, one
.captain, one first lieutenant, two second lieutenants, eight ser-
jents, eight corporals. Airmusicians and one hundred privates.
by the voluntary' enrollment thereirr of any qualified persons
residing in the county of.St. Johns or Musquito.
SEC. 3. Be it further enacted, That the commissioned and
officers, how noncommissioned.officers of said company shall be chosen >a'
hOeail. an election to be held in said city, under the superinter.dencc
'of its ;einior officers present, at or in front of the government
house, on the first Mothdtyin March next at ten o'clock in the
forenoon : a majority of the vptes givetw by said company shall
be necessary to a choice, andall elections shall be by ballot.
S SEC. 4. Be it further enacted,.-that all officers of said com-
e "mado pany-above the-grade of sergeants, their election being first duly
itiegovernor. certified and reported, shall be commissioned by the Governor
of tis territory according to ta#. Serjeants shall receive war-
rants from the commandant of said omnpany,.a id all appoint-
ments shall be published in company orders. -T'he several oili-
cers at present belonging .to, and in charge of said company,
shall he.cmtiaupd until the election above directed, and ai,-
vacancy which may happen thereafte-, may and shall be filled
at an election to be held and conducted agreeubly to the rulk.
and regulations of said company.
S* EC. Be it further ntacted, That said company shall b:
tunitered and appear in fil udiiiort, under arns for drill and
parade ot'inspection in saf city at such periods as shall be di-
oompuny ,mus- recte4 by the commandarl there4d, at least tbur times in each
rs 4 times a year, or so much oftener &s may be required by the rn!es niI
regulatit's of said compiey, or by the Oeneral commnandiiu
the brigade within which it is formed. The reports and rountl's
of said c'
and may procure sta.ndof colors and at drces parades of iui-
spectlon or drill, itpner witlhthe #Mve displayed, agreteably to
the usag~s of war: The said coimpunyv iiy also adopt rule-;
and re,_ulations Ih the voice of he majority o:' meiberlb-s-, atnu
adoprnle to byithe conslnt of the commandant, wliich when upp)romd ty
the commander i'rchicf, shall- lnd said company : Provided au-
ways, that the'same be not repugnant to the iaws of the trrito-
P assete Feb. 7. 1S33,
.Sm'vnce Feb. 9, 183W;
CiAP69 (No. 40) AN ACT to incorporate the subscribers to the Union
Bank of Florida.
SEC. 1. Be it enacted by the Governor and Legislative
Council of the Territory of Flolida, That a Bank shall be es-
tablished in the City of Tallahassee, under the title of the "Un- Union Bank
ion Bank o. Florida," with a capital of one million of dollars, estalbhed.
and with the privilege of increasing it to three millions of dol-
lars, which capital shall hb raised by means ofa loan on the faith
of tha territory by the directors of the Bank : Provided, That
no' ire than one million of dollars shall be taken up and call-
ed f at the time of organizing the Bank.
:.c. 2. Be it further enacted, That books of subscription
(towards constituting the capital of said Bank) for the sum of
one million ofdollars, divided into shares of one hundred dol- Bookssubscrip,
lars each, and intended to secure the said loan to be- made on tion forstock o
the faith of the territory, shall be open on the first Monday of beopened.
April next, after the passage of this act, in Tallahassee, Pensa-
cola. St. Augustine, Jacksonville, Marianna and Key-West,
under the superintendence of the commissioners herein named,
a majority of whom at each place, shall form a board for the
transaction of business; to wit:
At Tallahassee, under the superintendence of Ben. Chaires,
R. W. Williams, Nathan Vickers, Wm. B. Nuttall, John Park-
hill, Jonathan Robinson, Wm. Manor, Freeman Fitzgerald,
John G. Gamble and Wm. Bailey.
At Pensacola, under the superintendence of Henry Hyer,Jo-
seph Forsyth, John Jerrison jr., Samuel Patterson, Francisco
Moreno, Hanson Kelly, Joseph Sierra, aad G.: rge W. Bark-
At St. Augustine, under the superintendence of Edwin T.
Jenks, G. W. Perpall, Andrew' Anderson, Antonio. Alvarez,
Daniel S. Griswold, Pedro Benet and John M. Hanson.
At Jacksonville, under the superintendence ofJoseph B.
Lancaster, Isaiah D. Hart, Wm. J. Mills, Louis Flemming,
Samuel Y. Garey, John L. Doggett and Thomas J. Brown.
At Marianna, under the superintendence of John W. Camp-
bell, Jacob Robinson, George C. Hodges, Thomas Orman and
At Key-West, under the superintendence of James Webb,
Fielding A. Brown, John Whitehead, Pardon C. Green, John
W. Simonton, Wm. A. Whitehead and George E. Weaver.
The oooks o' subscription in Tallahassee shall be kept open
for sixty days; and in Pesacola,St. Augustine, Jacksonville
and Marianna each thirty days, and Key-West ten days, when
they shall be closed. And the commissioners at Pensacola,
St. Augustine, Jacksonville, Marianna and Key-West shall, as
soon as practicable thereafter transmit their subscriptinn oooks
to the commissioners appointed for the City ftf Tallahassee;
and with the books, shall also transmit all certificates and other
documents of titles which may have been deposited with them.
And upon receiving said subscription books, and docuieaws of
titles, the commissioners for the City of Tallahasee, shall make
out a correct statement of the shares subscribed, and report the
number thereof to the Governor of the territory.
Sec. 8. Be it further enacted, That if it shall appear from
said report of the commissioners, that subscriptions have been
made to the extent of three thousand shares, it shall be the duty
president and of the governor to appoint twelve directors, five on the part of
appointed. the territory, and seven on the part of the stockholders, who
shall be subscribers to said Bank; which twelve directors shall
constitute the first board of directors of said bank, and shall we*
main in office until the first Monday in February thereafter.
The said directors shall proceed to elect one of their number as
president of the Bank, who shall also remain in office until the
first Monday in February thereafter. And any vacancy or va-
cancies which may happen in said board ofdirectors by death, or
resignation, or otherwise, shall be filled by an election to be
made by said ooard. And so soon as said board of directors
shall have been organized, the power of the commissioners ap-
pointed to receive subscriptions shall cease, and the books of
subscription, with all papers relating thereto, shall be delivered
over to the board of directors.
SEc 4. Be it further enacted, That if at the time of organi-
zing the first board of directors, it shall appear that more than
excess of sub- ten thousand shares have been subscribed. the said board of di-
icription. rectors, or a majority of them shall deduct the amount of excess
from, first, the stock for which sufficient security shall not be of-
fered, and then from the largest subscriptions, in such manner,
that no subscription for one hundred shares or under, shall be
reduced, while the excess may be reduced from larger subscrip-
tions; and for subscriptions of one hundred shares, and under,
it further reduction is required, it shall be made at a rateable pro-
portion. And if it shall appear thatithe whole amount often thou.
sand shares shall not have been subscribed at the time ofclosing
said subscription books, the said books shall remain open under
the direction of the board of directors, until the said number of
ten thousand shares shall have been subscribed. And the tfct
that the full number of shares had not been subscribed for, and
that the books will continue open for additional subscriptions,
shall be published in the several newspapers published in the
territory for thirty days. And similar notice of the opening of
the books of subscription shall be republished at the beginning
of each succeeding year, until the said number of ten thousand
shares shall have been subscribed.
SEC. 5. Be it further enacted, That the owners of real es-
come subsrib- tate, situated in the Territory of Florida, and who are citizens
er,. thereof, shall be the only persons entitled to subscribe to the
capital stock of said Bank; and shares so subscribed shall un-
til after one year, be transferable only to such persons being cit-
izens : but after the expiration of one year, they shall be trans.
ferable to aAy owner of real estate in this territory, whether a
citizen or not.
SEc. 6, Be it further enacted, That as soon as convenient sppraiserstobe
after the passage of this act. the Governor shall, by and with appointed.
the advice and consent of the legislative council. appoint five
appraisers in each of the counties of this territory, whose duty it
shall be to ascertain and appraise property of those who wish to
become stockholders in said Bank. And the said commis-
sioners shall deliver to all persons whose property they appraise,
detailed and authentic certificates of its value, of the number of
acres.of which each tract is composed how many in cultivation,
and how many are uncleared and not cultivated, the number of
slaves, the number and quality of buildings, andan estimate of
the value of each item, which h certificate must be signed and
sworn to before a magistrate of the county, by said appraisers
er a majority of them. Directors W
SEC. 7. Be it further enacted, That the board of directors judge of soti
shall be the judges of the sufficiency of the mortgages offered ciency ofrsonu
for the stock, and shall have power to refuse, or reject the same rify.
if not sudicient, and shall in such case require other security,
or in default reduce the shares ot such defaulters to the amount
of the security satisfactorily furnished.
Sac. 8. Be it further enacted, That, to secure the payment may consist of
of the principal and interest of the bonds to be issued by the land ir slaves
territory for the purpose of raisir.g the capital of the Bank, the or buildings,
subscribers shall be bound to give a bond and mortgage,.to the
satisfaction of the board of directors, or (on) property to be,
in all casE at least equal to the amount of their respective
stock, a ,ich mortgages may be on lands and slaves, on lots with
houses o- other edifices yielding a revenue : Provided, that no
more than two thirds of the stock ot such stockholder may be
secured by mortgage on unimproved lands not pertaining to a-
ny plantation, nor shatl any mortgage .be taken upon any vacantn
lot in any town or city, no mortgage on slaves alone, shall be
received; and when a mortgage shall be offered on lands apd
slaves, the value of the4lands shall be equal to at least one half
of the stock for securing whichthe mortgage is given, trid hqu-
ses and other buildings mortgaged to the Bank shall always be.
insured against the risk of fire, qad the policy of insurance trans-
ferred to the said institution, but it:shall not be necessary to in-
sure buildings on plantations.
That no. mortgage shall be received on a brick or stone .house,
or other brick orstone buildings for more than one half of its
value, and on a frame bouse for more than one fourth of its val
ue, Tthat no one shall be permitted to.subqcribe. until he shall ex-
hibit to the commissioners or directors, s vuIevidence of hiti-
tie to the property proposed as a guarantee to the bank, as mhay
be deemed satisfactory to said commissioners or directors, and
the certificate of the clerk of the county and superior courts in
the county where the estate lies, whether there is or is not any
incumbrance upon the same or judgment on the party, and if so
their respective amount. That property already mortgaged may
be received as a guarantee; ProvideF that there be first deduc-
ted from the whole appraised value of the property at least twice
the amount of said mortgages, and stock to be granted only to
the an.ount of the surplus, after such deduction Provided,
however, that such existing mortgage on said property shall not
prevent the board of directors or the commissioners fr. m re-
ceiving it at its full value, if the subscriber shall actually employ
the money to be borrowed from the Bank in the extinguishment
of said mortgage, and this extinguishment shall take place in tho
presence of the officers of the Bank or their appointed agent.
Bonds where SEc. 9. Be it further enacted, That the bond. and mortga-
,deposited. ges given to secure the subscriptions to the capital stock of said
Bank, shall be deposited in the office of said institution, the said
mortgages having been first recorded according to law, and
whenever application shall be made by a stockholder to transfer
his stock and be discharged, such transfer and discharge may
take place upon the new stockholder complying wilh the same
requisitions stipulated in the foregoing section, in the case of
an original subscriber, and in all such cases of transfer and dis-
charge, the vote shall be taken by yeas and nays.
But any stockholder may at any time release his property by
paying the amount subscribed, and also such loans as may have
been made on the faith of it.
SEC. 10. Be it further enacted, That in order to facilitate
Faith of terri- the negociation by said Bank for the said loan of one million of
4ory pledged. dollars, ihe faith of the territory is hereby piedoed for the secu-
rity of the capital and interests, and that one thousand bonds of
one thousand dollars each, to wit; two hundred and fify bonds
payable in twenty-four years; two hundred and fifty bonds pay-
able in twenty-six years; two hundred and fifty bonds payable
in twenty-eight years ; two hundred and fifty bonds payable in
thirty years; and bearing interest at the rate of not exceeding
six per. centum. perannum, shall be furnished to the order of
the Union Bank of Florida," signed by the governor, and
countersigned by the treasurer, and under the seal of the territo-
ry. Such bonds to be in the following words :
ONE THOUSAND DOLLARS,
KNOW ALL MEN BY THESE PRESENTS,
That the Territory of Florida acknowledges to be indebted to
the "Union Bank of Florida" in the sum of one thousand dol-
lars, which sum the said Territory of Florida promises to pay
in lawful money of the United states, to the order of the presi-
dent, directors and company of said Bank on the day of
in the year one thousand eight hundred and
with interest at the rate of per. centum, per. annum, paya-
ble h ili yearly at the placed named in the endorsement hereon,
viz : on the day of
and on the day of
of every year, until the payment of said principal sum.
In testing ony whereof, the governor of the Territrry of Florida.
bath signed and the treasurer has countersigned, these presents.
and caused the seal of the territory to be affixed thereto at Tal-
lahasseo, this day of in the
year of our Lord
The said bonds may be transferable by the endorsement, of
the president and of the cashier of the said Bank to the order
of any person whomsoever, or to the bearer : and the said en-
dorsemient shall fix the place the said principal and interest
shall be paid ; and all expenses attending the issuing of said
bonds, shall be paid from the funds of the Bank.
SEC. 11. Be it further enacted, That both the capital and
interest of the said bonds shall be paid by said Bank as the
same shall become due.
SEC. 12. Be it further enacted. That it shall be, and it is Secretaryto" i
hereby declared to be the duty of the secretary of the territory,
to affix the seal of said territory, to each of said bonds so signed
and countersigned free of charge.
SEC. 13. Be it further enacted. That as soon as directors
appointed in the manner provided for in the third section of this governorto isl
act, shall assume the duties of their office and elect a president, sue bonds.
the same shall be notified to the governor who shall thereupon
execute to the said Bank, from time to time, bonds in amount
proportioned to the sum subscribed, and secured to the satisfac.
tion ofthe d-rectors, as required by the charter, until the whole
amount of three millions of dollars shall be furnished in bonds
as heretofore provided.
SEc. 14. Be it further enacted, That the mortgage to be
given by the subscribers to the stock of the bank, shall be, in form of mori
the following form. gage.
This indenture, made the day of
in the year one thousand eight hundred and
between A. B. of the first part, and the Union Bank of Flori-
da of the second part; Witnesseth, that the said party, of the
first part, in consideration of one dollar, to him duly paid, bath
sold, and by these presents doth grant and convey to the said
party, of the second part, the following described premises to
Tbhave and to hold
the said premises and appurtenances to the said party, of the
second part, and their successors forever ; and the said party '
of the first part covenants, for himself,-his heirs, executors ,"'n
79 UNION BANK
administrators to pay to the siid party of the second part, the
sum of dollars, in the manner following to
This grant is intended as a
security for the payment of the aforesaid sum of
dollars, according to the tenor and effect of the foregoing cove-
nant; which payment, if so made, will render the conveyance
void. And if default shall be made in the payment of any sum
due by the above covenant, as principal, interest or instalment,
for ninety days, then the party of the second part, and their
successors, may sell the premises above granted, or so much
thereof as will satisfy the amount due, with reasonable costs
and expenses at public auction, on giving thirty days notice of
the time and place of sale, in some newspaper published in the
county, or in the paper published nea rest to the county. Wit-
ness, etc. etc. etc. etc. which mortgage shall be accompanied
by a relinquishment of dower fiom the wifl according to .law.
Sec. 15. Be it further enacted, That the subscribers to the
stock of said Union Bank, their successors and assigns he, and
they are by this present act created a corporation and body
Crtn of incer politic, for and during the term of forty years from the passage
paration. of this act and shall be, and are hereby made capable, under
the name of the "Union bank of Florida,." to receive and
possess all kinds of property, either moveable or immoveabie,
and to sell, grant, alienate, demise and dispose of the same, to
loan, negotiate, take mortgages and pledges, and to discount
on such terms and such securities as they shall judge proper :-
Provided, that the whole amount of their account, and goods of
every descrntion do not exceed double the amount of the cap-
ital actually received, the profits realized and in the possession
ol the bank, being always considered as a part of their capital:
and provided also, that the debt due by the bank, exclusive of
the deposits, shall not exceed double the amount of their cap-
ital, and they may sue, and be sued, plead, and be impleaded,
answer and receive answers, in all courts having competent
jurisdiction, and to have a common seal, and the same to alter
and renew at pleasure, and to ordain and establish such bye
laws, rules and ordinances, as they shall deem necessary, and
suitable for the government of the said corporation, not being
contrary to this act, nor to the constitution and laws of the U.
States, or to the laws of the Territory of Florida.
SEc. 16. Be it further enacted, That after the first appoint-
ment of directors as prescribed in the third section of this act,
there shall be held an annual election for seven directors, to be
election of di- made by the stockholders on the first Monday in Fenruary of
Oewor, annual every year, whicJ election shall be held at the banking house of
said bank, and the said seven directors shall be elected by the
stockholders, or their attornies, after public notice of the time
and place of holding said election, advertised in all the neow-
papers printed in Florida, for a space of at least thirty days pre-
vious to the time of holding said election. In said election
each stockholder shall be entitled to one vote for eveiy share
held by him: but no person, copartnership or firm, shall'be en-
titled to a greater number than one hundred votes, and the said
election shall be decided by a plurality of votes. No vote shall
be given upon any bhare which has liot been held by the owner
for at leaAt three calendar months previous to the election.-
There shall also be annually appointed on the part of the Ter-
ritory five other directors, which appointment shall be made
previous to the fourth Monday of January in every year, in such.
way as the legislature may direct, and unless otherwise directed
the said appointment shall be made by Ihe Governor, by and
with the advice and consent of the legislative council, and tie
directors thus elected by the stockholders, and appointed on
the part of the Territory, shall at their first meeting after the
said election proceed to elect one of the directors to be presi-
dent of the said bank, and he shall remain in office during the
time for which the directors shall have been elected, as above
stated: Provided always, that if an election or appointment of
directors or of a president shall not take place at the period fix-
ed by the present act, the corporation shall not on that account
de dissolved ; but it shall be lawful at any other period, to hold
the said election, or make the said appointment, as the case
may be, ard until such elections, the president and directors of
the said Union Bank for the timebeingi shall continue in office.
And in case of vacancy arising from death, resignation, nonac-
ceptance, refusal to qualify, absence from the Unitad States, of
removal from office, of any director, the vacancy shall be filled
by the board of directors.
SEC. 17. Be it further enacted, That the board of directors,
of said corporation shall have power to make rules and. regula- powerofdire'
tions for the administration of the affairs of the bank; and may
alter, add to, or repeal the same, as the interest of the corpora-
tion shall require; and the deliberations and acts of said bgard
shall have the same Ibrce and effect, as if done by the stock-
holders themselves, in general meeting; Provided, the said
rules, regulations, or acts, be not contrary to law, and provided
also that such rules, regulations and acts, may be repealed or
altered by the stockholders in general meeting. .
SEc. 18. Be it further enacted, That the board of directbr&;B_
shall keep one or more books, in which shall .be entered their 0oon to n ,
rules, regulations, ordinances and proceedings which book tion. "
shall at all times be open for the inspection of any ciititttee,
appointed for the ;urp'dee by the legiblature-; and, s4de Comi.
mittee shall h* aeessto all books containlog th' gi eral ac-
counts of the.J4i 'so as to ascertain the intent of ~ash on
hand,the amg9int of notes in ciiqulationi, t balanbe de to, ani
from other ba ia,.the au4unt, Vepbifes' x opbibin'ki ai
notes or bonds giscounted,"ind all the other affairs of the said
Bank, so as to know its true situation, and be enabled to nake
a true report to the legislature : Provided, That said committee
shall not nave a right to examine the individual accounts of the
customers of the Bank. And it shall be the duty of the board of
directors at the commencement of each session of the legis-
lature to cause to be laid before it a true statement of the sAtua-
t'on of the Bank ; which statement shall be verified by the oath
of the cashier.
SEc. 19. Be it further enacted, That none hut a stockhol.
der who is a citizen of the territory, shall be capable of servmin
as a director of said Bank; and after the first appointmenLt, no
who shall be stockholder shall be a director who does not at the tinie of his
directorr. election, or appointment, possess at least twenty snares of the
capital stock of said Bank. No director except the president,
shall he entitled to any emolument, or pay tor his services, nor
shall any director of an other bank, nor shall two persons in
partnership, be at the same tinic directors of this Bank : and
if, after his election or appointment, any director shall iail, he
shall be incapable of any longer holding his office, and another
shall be elected in his place, in the manner prescribed in the
sixteenth section ofthis act. Their president elected by the first
board of directors shall receive such salary or compensation tor
his services, as the board, by which he is elected, shall deter-
mine : and the salary of the president shall after the tirst year
be fixed by the stockholders, at their first general meeting; and
shall continue the same until altered by a subsequent general
"ftpointmcnt of SEc. 20. Be it further enacted, That the president and di-
officers, rectors of said Bank, shill have power to appoint the chashier,-
tellers, book keepers, and all other officers and servants of the
company, to prescribe their several duties, to allow them such
compensation for their services, as they may deem reasonable
-and all said officers and servants shall give such bond and
security for the faithful discharge of their duties, as may be re-
quired by the board of directors, and shall hold their several of-
fices only di ing the pleasure ot' said board.
expcsea df re. SEC. 21, Be it further enacted, That the expense of recor-
oo-ding deedJ, ding deeds, mortgages, &c. given by subscribers to secure the
amount of the stock, or given to secure the repayment of loans
made by the bank, shall be paid by the party giving the securi-
ty. And the expense of appraising and valuing the property
of proposed subscribers to the stock ot the bank, by the con.
missioners appointed undei the provisions of the sixth section
of thi act, shall also be paid by the parties requiring their ser-
vices. And for said services the said appraisers are hereby
authorised to demand and receive at the rate of one dollar each
Sac. .22. Be it further enacted, That the shares ncld by a-
;y stockholder shall be bound for any debt he may owe to said
bank, whether as payer, endorser or security; nor without th,- stekboadfor
consent of the board of directors, shall such stockholder be per- d:bts.
emitted to transfer his shares, until such debt shall have been
paid. And upon failure of payment, the board of directors
may order a sale to be made of said shares, or so many thereof
as may be sufficient to discharge the said debt.
Sec. 23. Be it further enacted, That after paying the inter-
est upon the bonds issued by the territory, and the expense of
management, the surplus profits of the said bank shall be re-
tamed and used as additional capital, until the accumulated surplus profit.
surplus shall equal the amount of the bonds issued for procur-
ing the capital of the bank, and when the legislature is satisfied
that the' accumulated profits are of such amount, it may by res-
olution authorize dividends of subsequent profits. And in ap-
portioning the dividends of such subsequent profits, one moiety
thereof shall be paid to the Territory ot Florida in considera-
tion of the aid afforded in raising the capital of the bank; and
the other moiety shall be divided among the stockholders accor.
ding to their respective shares. But upon the expiration of the
charter, the whole capital subscribed shall be divided among the
stocitholders, in the same ratio.
SEc. 24. Be it further enacted, That the said corporation penalty for not
shall never refuse or suspend the payment in lawful money of paying specie.
the United States, of any of their notes or oligations,, or ol any
funds received by them in deposit; and if ever the said'corpo-
ration shall refuse or suspend said pay meant, the bearer of any
note or obligation, or any person having the right to demand or
receive the amount of funds deposited as above mentioned,
shall be entitled to recover damages at the rate of ten per. cen-
tur per. annum.
SEc. 25. Be it further enacted, That the capital of said capital exempt
Bank shall be exempt from any tax imposed by the legislature fronm taxes.
of Florida, or by any county, or body politic, under the author.
ity of the terntory, during the continuance of the present char-
SEC. 26. Be it further enacted, That mortgages for loans interest on
given by virtue of this act, shall bear the legal rate of interest mortgages.
after maturity if not punctually paid, and the Union lank of
Florida shall have the right to cause to be seized and sold ac-
cording to law, the property mortgaged, in whose hands soever,
the same may be found, in the same manner, and with the same
facilities as if it was seized in the hands of the morgagee, not
withstanding any sale or change of title thereof by inheritance
SEC. 27. Be it further enacted, That if any individual, who other prjpertv
shall have obtained trom said Bank a loan secured by mortgage bound.
as aloresad, shall make a surrender of his property to his cred-
itors, the said mortgaged property shall not be comprised in the
cession, or in the mass of his estate, except in cast of pymn'nt
of the su due to th,, B ink, and secured by tht s id mno .ga .
hut the said Bank may proceed by a due course of laI g ..st
the -aid property in the same manner, as if no surrender had
been had, or made, and the surplus of the proceeds of the sale,
after paying the debts due to the Bank with costs, shall be paid
over to his legal representatives.
SEc. 28. Be it further enacted, That upon loans or dis-
counts for a time not exceeding four months, the said Bank,
wale cf interest sh:ll not receive more than one per. cent. for sixty days ;. anrt
on loans- not more than at the rate of eight per. centum per. annum, for a
longer period; the interest in either case may be paid or de-
ducted in advance.
SEC. .2. Be it further enacted, That each and eve v stock-
Stockholders holder shall be entitled to a credit or loan equal to two thirds
entitled to crtd ot the total amount of his shares : Provided, i'hat notes or ob-
it' ligatins lor repoiymrntW of the money shall be annually received,
and the mtitrest paid up : And Provided also, hat when the
accumulated surplu- profits shall have equalled the amount of
the bonds issued by the territory lor obtamil:o the capital of tio
Bank, the interest upon all loans shall be reduced to a late not
exceeding six per. centum. per. annum.
SLc. 30. Be it further enacted, That whenever the said
Bank -hall have paid off, and delivered to the governor of Flor-
bayment of ida, all the bonds which may have been issued by the territory.
for the purpose of raising the capital stock of the Bank. the
right of electing directors by the territory shall cease; and
thence forward all the directors shall be elected by the stockhol-
ders in the manner provided an section sixteen of this act.
S~(:. 31. Be it further enacted, That at any time after the
said Union Bank o! Florida, shall have been in operation one
year, the remaining ca )tal of two millions of dollars, mention-
2000.000when ed in the first section of this act, or such portion thereof as the
to he subscrib- directors may deem advisable, may be subscribed for, and ta-
ed. ken up ; and for that purpose books of subscription shall be o-
pened at the banking-house ofsaid institution, under the direct
tion of the board, or ot such committee thereof, as it may ap-
point; and the board of directors shall have authority to appoin-
appraisers in the several counties of the territory, to value and
appraise the property proposed to be offered to secure the addi-
tional subscriptions to said capital stock, with the same powers,
and under the same regulations, as prescribed in the sixth see-
tion of this act. And the board of directors shall have all the
power and authority in relation to the subscription of the addi-
tional capital stock, which is given in this act, in relation to the:
original subscriptions. And the books for receiving subscrip-
tions tor the additional capital, shall be kept open loi at
least sixty days; and if the whole amount proposed to be sub-
scribed shall not have been subscribed tor in said sixty doiv
the baard of directors may ord 'r thli '),,ks to be kept onen, or to
be then closed, and opened ag iin at such time~ as said board
may deem most expedient. But if at the expiration of the sixty
days aforesaid, it snall appear that subscriptions have been
made to an a noint nxceedinX the additional s:nn proposed to
be subscribed, the excess shall be taLen first from those sub.
scribers, who were not previously stockholder rs in said link,
by striking offfrom the legal subscriptions until reduced to the
next largest &c. ; and if after striking out all the subscriptions
of parties not before stock ,Iders, there shall still be an excess,
it shall be so reduced as to make the new subscriptions of the
stockholders as nearly as may be propotional to their old shares.
SEC. 32. B; it further en-eted, That the b >ard of directors branches to be.
of said Union Bank shall within six months after going into op- established.
eration, establish agencies, or branches of said institution at St.
Augustine. Pensacola, and 3iarianna, and shall have authority
to establish branches at that time, ')r at any time thereafter at
such other pl lces in the Territory of Florida, as they may deem
advisable; and shall also have authority to appoint the agents,
directors, cashier, and other officers, of said agencies or bran-
ches, and to prescribe such rules and regulations for conduct-
ing and managing the same, as they may deem expedient-or
they may delegate to the directors of any of such branches,
the power of appointing the subordinate officers thereof, under
such restrictions as the president and directors of the Union
Bank may prescribe and that the branches and agencies.ordered
to be established by this act; or that m.ty hereafter be estab-
liihed by the president and directors of the principal' Bank,
shall be managed' b a president and s'x directors, who shall be
sto-kholders, to be appointed as prescribed in the foregoing
part ol this section.
SEe. 33. Be it further enacted, That in all instances in
which slaves shall be mortgaged in virtue of this act, the pos- mortgaged pro
session thereof shall be, and remain with the mortgage, any pertv liable to
law to the contrary notwithstanding, until by the covenant or seizure.
covenants contained in said mortgage, it shall be lawful for the'
said bank to seize the same. And if at any time the president
of aid bank or any accredited agen-' thereof, shal make oath
before any judge of the county court or justice of the pence,
that he verily believes that the said mortgiageil intends remov-'
ing, or is about to remove, or has comthenced to-'remove the
said slave or'slives beyond thWe reach of the laws of this territo-
ry, in violation of his covenant with the bank, it shall and m ty
be lawful for said judge or justice to issuean attachment against
such save or slaves directed to any marshal. commanding him
to seize, and take such slave or slaves, and make return thereof
to tie next court, having competent jurisdiction in the same
way as is provided by the general law of attachments : Provi-
ded moreover, That in any case of mortgages on a slave qr
slaves, by virtue of this act, the increase of such slave or slaves
shall be subject to the same lien created by said mortgage.
SEc. 34. Be it further enacted, That the said bands to be
bonds net to be executed. and furnished by the said governor, in ihe naie of
oid ata disc't. this tetrtory, as in the tenth section of this act, is provided,
shall in no instance be sold, or negotiated at a discount, or for a
less sum than the amount named and expressed in said bonds,
for the purpose of raising the capital of said Bank; But in
every such case, each and every bond sold for a less sum than
the amount named and expressed therein, shall thereby become
forever, absolutely null and vod.
Sac. 85. Be it further enacted. That in case of a violation
violation of 15 of the provisions of' the fifteenth section of this act, the direc-
sectioD. tors under whose administration it shall happen, shall be liable
for the surplus debts thus created, in their natural private capa-
cities, and an action of debt may in such cases be brought a-
gainst them, or their heirs, executors, administrators, in any
court of record, having competent jurisdiction, by any creditor
cr creditors of said corporation, and may be prosecuted to judg-
ment and execution, any condition, covenant or a agreement to
the contrary notwithstanding : but this shall not be construed
to exempt the said corporation, or the lands, tenements, goods
and chattels of the same, from being also liable for and charga-
ble with the said excess: Provided, That such of the directors
who may have been absent from the board when said excess was
contracted or created, or who may have dissented from the reso-
lution or act, whereby the same was contracted or created,
may respectively exonerate themselves from being so able, by
forthwith giving notice of the fact, of such absence or dissent,
to the governor of the territory.
SEc. 36. Be it further enacted, That one moiety ofthe divi-
dends or profits, which according to the 23d section of this act
dividends and is to accrue and be paid to the territory, shall forever be held and
profits appropriated by this territory as a fund, to be controlled, inve.rted
and regulated so that the annual interest or dividends which may
accrue thereon, shall be applied as the legislature may or shall
from time to time direct, exclusively to, and for the establish-
ment, support, and use of schools, colleges and seminaries ot
learning in this territory.
Passed Feb. 13. 1833.
Approved Feb. 13. 1838.
BANK OP WEST PLORIDA-BANK OF PENSACOLA *5
CHAs. 698 [No. 41.1 AN LC amendatory to the several acts incorporating 456 fM5, 65
tho Bank of West Fiorida. etc ]
SEc. 1. Be it enacted by the Governor and legislative coun- boardauthori:
eil of the Territory of Florida, Tha' the directors of the bank ed to icreas
of West Florida, sh:ll he autiorised whenever thtiy may deem the capital.
it expedient, to increase the capital stock of said bank to one
million ot dollars ; and that the directors of said bauk, m:ty be
authorised to receive subscriptions for the increased ,tock, at
the banking house of said corporation, or at .uch piaces,and at
such times as they may direct, in the manner prescribed by the
existing charter of said bank
Sec. 2. Be it further enacted, That the cashier ofsaid bank,
its attorney or agent, appointed under tae seal of the corpora- certaino er
corpora- 1 .1empower-d t4
tion, may be authorized as the legal officers ot said bank, to take lhe oatl
take the oath against its debtors, required by law, in suing out case of attach
writs of attachments, and ne exeat. lug.
Passed Jan. 15th 1833.
Rejected J s. 23, 1833.
Reconsidered Jan. 29, and passed by the requisite majority.
Cnre. 699 [No. 42 AN ACT to extend the time limited by law for the sub- [see chap.538,
scribing for the stock of the Bank of Pensacolat etc.]
SEC. 1. Be it enacted by the Governor and legislative coun- time for sub.
cil of the Territory of Florida, That, the time for subscribing scribiagextead
for the capital stock of the bank of Pensacola, be, and the same ed.
is hereby extended until the first day of January, which will be
in the year, 1834.
SEc. 2. Be it further enacted, That the act to incorporate formerlaware
the bank of Pensacola, passed January 31st one.thousand eight lative to *he
hundred and thirty one, and an act entitled an act, to amend the bank revived.
charter of the bank of Pensacola, passed January 23d 1832, be
and the same are hereby revived and continued in full force.
Passed Jan. 16, 1833.
Rejected Jan. 23, 1833,.
Beconsidered Jan. 29 and passed by the requisite majority.
CHAP. 700 [No. 43]AN ACT to incorporate he commercial Bank orFlorida-
banktestabhsh- Sec. 1. Be it enacted by the Governor and legislative coun-
0 .ita cil of the Territory of Florida,. That a bank shall be established
inthe town of Apalachicola, by the name of the Commercial
Bank of Florida, the capital stock thereof shall be five hundred
thousand dollars, divided into shires of one hundred dollars
each, the charter of the same to continue for the term of thirty
years from the passage thereof.
SEc. 2. Be it further enacted, That the stockholders of said
Bank, their succes-ors or assigns, shall be and are hereby made
Powers of a body corporate by the name and style aforesaid; and by that
incorporation name shall be capable in law to have, purchase, receive, enjoy,
granted, and retain, to themselves and their successors, lands, tenements,
and hereditaments, goods, chattels and effects,of any kind what-
soever, and the same to grant, sell, alien, and convey, to sue
and be sued, plead and be impleaded, answer and be answered,
defend and be defended, in courts of record and elsewhere, and
to have and make a common seal, and the same to break, alter
and renew at pleasure, and also to ordain, establishand put in
execution such by laws, ordinances and regulations, as shall
seem necessary and expedient for the government of said cor-
poration, not being contrary to the laws of this Territory, or the
constitution and laws of the United States, and generally to do,
and perform such other acts and things, as may be necessary for
the well being of said corporation.
SEC. 3. Be it further enacted, That books of subscription
shall be opened for the purpose of receiving subscriptions for
time andplaces the stock of said company, on the first day of March, one thou-
f ,'- I:, sand eight hundred and thirty three, at Apalachicola.for one third
-of subscription of the stock, under the superintendance of Robert Beveridge,
Edward J. Hardin, William G. Porter, Hezekiah Hawley, and
John O. Sewall;-at Mariana, for one third of the stock, under
the superintendance of Richard L. Watson, Joseph Russ, and
Peter W. Gautier Ji.-and at Webbville, for one third of the
stock, under the superintendance of Ebenezer J. Brown, Geo.
C. Hodges, and David Goldstien, any two of whom shall be
competent to perform the duties of their appointment, who shall
keep open said books for the period of sixty days, or until the
stock aforesaid, be subscribed for, and shall give certificates to
all persons subscribing, stating the amount of shares subscribed
foi, and for the amount paid, and the said commissioners at
Narianna and Webhville, shall immediately afler the expiration
of said sixty days, or so soon as said stork shall be subscribed
for, transmit to the said commissioners at Apalachicola, the
books and papers appertairing to said subscriptions, together
with lil monies received by them on account thereof.
SEc. 4. Be it further enacted, That at the expiration of said
sixty days, or so soon as the stock afore uid is subscribed for.
it shall be the duty of the said commissioners at Apalachicola,
to give notice thereof, and order an election tor nine directors o nine director
said company within three months from the time of opening the to be elected,
books afores iid, and said directors shall serve until the first day
of January eighteen hundred and thirty four, but if all of said
stock be not taken, then it shall be lavtul for ths said commis-
sioners, or any two of them, at any time within one year after
the passage of this act, to give notice thereof by advertisement,
in one of the newspapers of this Territory, and to keep open
their books lor the term of six months, or until the whole of said
stock be subscribed t'r, and no longer.
SEC. 5. Be it further enacted, That so soon as the directors
aforesaid, shall be chosen, they shall at their first meeting elect
a President, who must be a director, and the said first chosen
directors, shall forthwith have and take the management of the president to be
said corporation and the duties of the said commissioners shall chosen by the
cease upon the day of said election, after they shall have paid directors
over to the said directors the money by them received, as the
first instalment on the stock subscribed for, and placed in the
hands o said directors, the books of subscription : Provided,
that said bank shall not commence operations until the sum of
fifty thousand dollar. be paid in:
SEC. 6. Be It further enacted, That upon each share sub.
scribed for, there shall.be paid at the time of subscribing one
per centum, and ten per centum before the bank shall commence oektobepai.
in, in cer:aia
its operations ; the residue to be called in at such time and in proportions.
such portions as the board of directors may see proper, and
should a stockholder tfil to comply with the call of the board of
directors, when properly notified thereof he shall forfeit his stock
and the sum already paid thereon.
SEC. 7. Be it further enacted, That the directors for the iredto appoint
time being, shall have power to appoint such officers, clerks, their otficers-
and servants, as may be necessary, and allow them such com-
pensation for their services as may be reasonable, and shall fur-
ther be capable of exercising such powers and authorities for
the well ordering of the affairs of the corporation, as shall be
fixed by the by lawi of the same.
SEc. 8. Be it further enacted, That each share shall be rep- votes how giv.
resented by one vote,and upon tLe same principal shallall the mat- en.
ters be decided that may come before th stockholders for their
decision, and any stockholder being absent, may by power of
attorney authorise any other stockholder, to vote for him, her
SEC. 9. Be it further enacted, That the election of directors t
(except the first election) shall take place on the first Monday eteton (subthe
of January, in each and every year, at the banking house of the first) on first
corporation : Provided however, that should said election not ilonday Jan.
take place on that day, the said corporation shall not for that
cause, be deemed to be dissolved, but the directors tor the time
being may order such alecuon, so soon thereafter as practicable
SEc. 10. Be it further enacted, That none but a stockholder,
.alifications citizen of the United States, shall be a director, nor shall any
directors. al director be entitled to any emolument, but the board may make
yofpresident such compensation to the President for his services as they may
think reasonable, and in case of the death, resignation or remo-
val of the President, the directors shall appoint one from their
number.to fill the vacancy, who shall hold his office during the
remainder of the time, for which his predecessor was elected.
SEc. 11. Be it further enacted, That said company shall not
be authorised to issue bills of credit, for n.ore than three times
the amount of capital stock actually paid in; and in case an
,xessiveissue excess of issue shall happen, they shall be liable for the same
prohibited- in their individual capacities, Lut this shall not be construed to
exempt the said corporation, or the goods, chattels, lands,
and tenements, thereof from being also liable for, and chargea-
ble with the excess.
SEC. 12. Be it further enacted, That the said corporation
ratrioatins on shall not directly or indirectly, deal or t ade in any thing, except
dealiis of the bills of. exchange and pronisory notes, gold and silver bullion,
bank. or in the sale oft goods, really and truly pledged for money lent,
and not redeemed in due time, or of goods which shall be the
produce of its lands, neither shall the said corporation take
more than at the rate of one per centum for every forty days up-
on its loans.
SEc. 13. Be it further enacted, That the personal p-operty
Property of of each and every stockholder, shall be pledged and bound in
atockholders li- proportion to the amount of shares held by each in his or her
able'fr redemp natural private and individual capacities for the ultimate redemp-
tion of the bills issued by or from said bank during the time he,
or she may bold said stock.
SEc. 1,'. Ba:t further enacted, That the said bank shall half
yearly, and b-tore c.y dividend shall be declared by the direc-
Tax paid by tors thereof, set apart from the whole amount of the nett profits
bank to the ter of the said bank, two per centum as a tax for the use of the
rery. Territory,and the said sum so set apart and appropriated to the
use atbresaid, shall be in full consideration of all taxes of the
stock of sa d bank, nor shall the stock of said bank be at any
time subject to any other taxation.
Passed Jan. 31st 1833.
Rejected Feb. 6, 1833.
econsidered Feb. 7, and passed by the requiute majority.
BANK FLORIDA 0
CYlAP. 701 [No 44] AN ARMT to nmend an act. ettitledan set toiiun~rporate e' ehap.439
ihe P'ank of Florida. and to repeal an act to incorporate the liank of Flor- etc.)
ida. Passed the 17th Nov. 1629.
WVHEREAS, the stockholders of the bank of Florida, having preamble*
petitioned for amendments of the charter of incorporation, and
.iae amendment proposed being deemed reasonable and expedi-
SEc. 1. Be it enacted by the Governor and legislative coun- Stockhoiders
cil of the Territory of Florida, That such part of the capital notihnrzu to
stock of the bank of Fiorida, as has not heretofore been paid call inithetock
in, shall and may be called for, and paid in at the discretion of afternotice.
the stockholders either in whole or in part, and at such time or
iimes as to them shall seem expedient, or advisable : Provided,
that in all cases of payment as aforesaid, thirty days notice shall
be given. as to the time of payment, and the amount to be paid
in ; and provided further, that upon all questions of payment,
of said stock, the amount, or amounts, respectively to be paid,
and the time or times when, shall be determined in general mee-
ting of the stockholders, to be convened at the banking house
for that purpose, and the votes of a majority in interest, shall
SEC. 2. Be it further enacted, That the number of directors s retos
,of said bank shall be seven, and that the stockholders shIall on to be elected.
the first Monday in March next, and annually thereafter on the
first Monday in March, hold an election at the banking house
for seven directors, and a plurality of votes given in, h:il be
required to miake an elect on, and it shall be the duty of iie di-
reetors, at their ir irt meeting subsequent to their election, to
choose one of their own members as President : Provided nev-
ertheless, that if it should at any time happen that an election
oIr directors should not be made upon any day when pursuant
1o this act it ought to have been made, the corporation sh;iil not
for ltht cause be deemed to be dissolved; but it shall be :lawful
ou any other day, to hold and make an election of directors. ia
such manner as shall have been regulated by the laws and ordin-
ances of said corporation ; and the directors for the time being,
shall in all cases continue to act, until their successors are elec-
ted : and provided further, that in case of the death, resignation
or absence from the Territory, or removal of a director, his
place may be filled up by a new bcoice, made by the remaining
directors for the remainder of the year.
SEC. 3. Be it further enacted, That the number of votes to votes to be re
which eachstoc-kholder shall be entitled, shall be according to portinnedto't
the number of' shares lie shall hold, that is to say, each share ofbtares.
shall be entitled to one vote, and ipon this principle, shall all
matters and things be decided, which may come before the
sto,'khbolers tbr their vote or decision : Provided, that no share
or .hare. shall confer a right to vote, which shall nItt have been
holden at least three calendar months previous to the time of
0 P1RO'ESTENT EPISCOPAL CONOREGAT.'T OF KEY.WE&S
offcrizg such vote, and unless it be holdcn by thi person in
whose name it appears. absolutely and bona fide. or that of his
wife, and for his or her own use and benefit, or as executor, ad.
mninistrator or guardian, or in the right and use of some copart-
nership, corporation or society of which he or she may be a
member, and not in trust for, or to the use of any other person;
any stockholder being absent may authorise by power of attor-
ney, under seal, any other stockholder to vote for him, her, or
ouar director SEc. 4. Be it further enacted, That no less than four direc-
sorerta booa rd tors shall constitute a board tor the transaction of' business, of
whom the President shall always be one, except in case of sick-
ness ': necessary absence, in which case his place may be sup-
plied pro tem pore. by any director appointed by the board pre-
sent tor thi;t purpose.
ioans to stSok. Ec. 5. Be it further enacted, That the directors shall have
power to loan to stockholders upon the faith or pledge of their
stock : Irovwded, that in no case such loan shall exceed the par
value of the stock pledged.
Src. 6. Be it further enacted, That so much of the act to
&ep.alaue. which this is an amendment, passed the 17th of November 1829
as is rontradi t, r) to. or inconsistent with the provisions of this
act, ard all o thr acts contrary thereto, be and the same are
hete )y repealed.
I'a.sceu It,. 17th 1833.
Approved Feb. 17th 1833.
CHAP. 702 [No. 45.] AN ACT to incorporate the Protestant Episcopal con.
gregation of Key Wsct.
SEc. 1. Be it enacted by the Governor and legislative coun-
roEp.church il of the U territory of Florida, That all those persons who have
ir Key- A est united then selves, by an act of association, for the purpose of
incorporated. forming a Piotestant Episcopal Congregation, in the city of
Key V~est. and such other persons as may hereafter join s;id
association, shall be and they are hereby made and constituted
a body politic, and corporate, by the name ind style of the Rec-
tor, Wardens, and Vestrymen of St. Pauls Church, in the city
of Ke% V% est, and by the same name, may sue an'i be sued,
pledd and be impleaded, make contracts, receive donation.,
purchase and hold real and personal property, and ci-pose of
the same in any way as to the government of said church shall
seem meet for the benefit of said congregation; and may have
and use a corporate seal, with such device or devices as may be
chosen, which device or devices may at any subsequent time, be
altered at pleasure.
TROTESTENT RPISCOPIL CONGREGATION Or KEY-WEBS 91
SEc. 2. Be it further enacted, That to secure a proper ind
efficient government of the temporal concerns of said church, election of w
an election shall be held on easter Monday next, and on the dea Avestryt
same day in each succeeding year, for two Wardens, and five men-
Vestrymen, who shall have power to enact by laws and make
such other regulations as shall be found necessary for the pros-
perity ot said congregation: Provided, such laws and regula-
tions be not inconsistent with the constitution and laws of the
United States, and with the laws of this Territory.
SEc. 8. And be it further enacted, That until the time ap-
pointed for the first election of Wardens and Vestrymen of said
church shall arrive, the management of the temporal concerns committee apb
of said congregation, shall remain and be executed by Jamoa poir'ed previ.
Webb, David C. Pinkham, William A. Whitehead, Henry J. oo the 4to
Nevwcomb, Fielding A. Brown, and John Whitehead, the com-
mittee appointed by said congregation for that purpose, and said
committee shall superintend the first election for said officers,
and every succeeding election -nall be superintended by the
Wardens and Vestrymen in office at the tine of said election.
SEc. 4. And be it furtherr enacted, That each and every rightof votiug
male member of said congregation over the age of eighteen
years, shall be entitled to vote at said election, but no person
shall be eligible to either of said office, who is not at the time
of suchqelection agmember of said congregation, and who shall
uot have attained the age of twenty-oue years.
SEC. 5. And be it further enacted, that it' from any cause
no election shall be held at the time designated by this act, the
charter hereby granted. shall not on that account be forfeited, vneaneies,how
but in that event, it shall be the duty of the Rector of said filled.
church, (if there be one, who was regularly appointed to the
same) to fill the vacancies occasioned by such ti ilure to hold an
election, from among the members of said congregation: and
if there be no Rector, in charge of said church at the time, it
shall be the duty of the Wardens, and V:strymen, who were in
office, when said election should have been held, to cause
said election to be held at some other time, previously giving at
least five days public notice of the time and place of holding
SEc. 6. And be it further enacted, That if at any time. the
property of said corporation shall be of value sr ficient to pro. ex or ia
duce an annual income of more than three thousand dollars, apori
exclusive of the expenses, which may be necessary for buildings. ated to the ter-
furniture and repairs, it shall be the duty of the Wardens and ritory.
Vestrymen to pay tne excess of said income, beyond the said
sum of three thousand dollars per annum, to the Freasurer of
the Territory of Florida, for the use of said Territory.
SEc. 7. And be it further enacted, That at any time in the vacancy of ree
event of the death, resignation, or removal of the Rector of tor's plachow
waid congregation, the Wardens and Vestrymen aforesaid, lor flled.
92 COLVMBIANq SALT COMPANqY -OF IMY-WEST
the time being, shall hayv and exercise full power and authority
to fill the vacancy occasioned by such death, resignation or re-
SEc. 8. And be it further enacted, That this act shall go into
operation from and afier its passage : and that said incorpora-
awhuin force, n shall continue in full force for the term of fifty years from
vi date, unless the benefits thereof be sooner designed. or for-
feited by zaid congregation.
passed Jan. 24th 1833.
approvedd Feb. 4, 1833.
CHAP. 703 [No. 46.] AN ACT to incorporate the colombian salt company
SEc. 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That from and after the
passage of this act, Pardon Clark Green ot the said City of
P l yme. &Key-West, and such other persons as may become associated
with him. shall be, and they are hereby incorporated, and mado
a body corporate and politic, by the name and style of the co-
lnmbiun salt company of Key-West, and as such, shall continue
until the first day of January one thousand eight hundred and
fi' v that i:~m may siIu and be sued, implead and be
impleaded, answer and be answered, defend land be defended in
(c. ,. ,i:., ,ai ..) U u Ie I pma -e whatsoever, and by that
nimun may have and hold, purchase receive and possess, enjoy
and retain, lands, ren.s, tenements, hereditements, goods, chat-
tels, and effect.., of what nature, kind or quality. soever, neces-
sa"y for th, objects of their incorporation, and the same may
s- ; r o",. dr,.n!-, alicn and dispose of, and by that name shall
have during the continuance of this act, succession and may
niakt-, hau. ano use, a ,.cmmon sea;, and the same may break,
alter, and renew at pleasure, and shall have power to ordain,
establish and put in execution such bylaws, ordinances and reg-
ulatious as shall seem necessary and convenient for the govern-
nm ni of said corporation net being contrary to law nor the
constitution thereof, and generally to do and execute all acts
necessary, or proper fbr the object, of said incorporation, sub-
ji- i o Ihe :iulc~, regulhition., r-.ti actions, limitations and pro-
visions herein directed, and declared.
bfEC. 2. Le it further enacted, '1 hat the capital stock of the
capital stoc.. uaid company shall consist of not exceeding one hundred tnou-
sand dollars, money of the United States, to be divided into
shares of one hundred dollar each.
Sec. 3. ie it further enacted, That the affairs of the said
COIIIMDIAN SACT COMPANY OF NEY-WES7
company shall be conducted by director-z, who shnll ehon o from
th.ir body, a president, two of the directors with the pr'.'idpnt dutieofol,
shall form ai board or qulruml, for transactini all the bu-in"- of
the company. In case of the sickness of the preside it. or his
necessary absence, his place may be supplied, by any director,
whoin,hc by writing under hoi.d, may nominate fbr that purpose,
or in case of his not :mnainr such a nomination, the board may
appoint a president t-, act during his sickness or hab ence. Tho
president and director., who may be in ollice at the time n( the
passage of this act, or shall subsequently be appointed, by the
stockholders, shall continue in olfi'e under and by virtue of this
act of incorporati,)n until others shall be dul, chosen in their
stead; and no person shall be i director, or pre'-sdent, who is
rot a stockholder, and a director cea-ino to be a stockholder,
shall cease to be a director. Every stock hold r shall ,p enti.
tied to vote by himself, his aient, or proxy, appointed tinder hli
hand and seal, at all elections in virtue of this art, and shall
have as many votes as he shall have shares.
SEc. 4. 13e it further enacted, That a general meeting of
the stockholders of the said company, shall be holden on the
first Monday of May one thousand eight hundred and thirty elections,
three, and oa the first NI nday of AI ry in every year there.aftr,
at such place as thie president and directors may appoint, by
giving two months notice in the newspaper published at Key
West, if there be one, hut if not there, in some newspaper pub-
lished in Charleston, tfr the purpose of electing directors for
the ensuing year : who shall meet as :peedily as possible after
their election, and choose a president, and thr president and di-
rectors for the time being, shall continue in office until others
shall be duly elected in tneir places, and be org inised by the
assembling of a quotum, and the choice of a president; at all
elections the persons having the greatest number of votes, shall
be deemed to be chosen; all elections shall be held under the
superintendence of thi president of the company, for the time
being, and five stockholders ;.ot being at the time directors, but
appointed by the hoard of directors, any four of whom shall be
the judges thereof, and who shall immediately thereafter notify
the persons elected and make a return thereof to the directors
at thea first meeting. Should two or more persons have the
same number of votes, the other individuals elected directors
shall determine by ballot, from among said persons, who shall
be the director or directors. All elections shall be opened at
ten o'clock in the forenoon, and close at three in the afternoon.
SEc. 5. Be it further enacted, That the president and direc- directorial
tors, shall have full power to make, revise, alter and annul, all prized to
su *h rules orders, by-laws and regulations, for the government bye-laws.
o'' sid corporation, and that of its officers, servants and affairs
a v siadt, tio a rne to timra think expedsent, and to use,
oe~pmloy and dzipaJe of the funds and property of the said com-
94 COLUMBIAN SALT COMPANY OF KEY-WEST
pany, for the interest and benefit of the stockholders, and agree-
ably to the objects of the said incorporation.
SEC. 6. Be it further enacted, That the books, correspon-
hooks eteC dence, and papers, of the company, shall at all times be Fubject
to the inspection of the directors.
SEC. 7. Be it further enacted, That the president and direc-
tors, shall have p ,wer to appoint all officers, or servants requi.
appointmentof site, for executing the business of the said company, and to es-
officers. tablish the compensation to be made to the president, and to
the other officers, or servants of the said company respectively,
but no compensation shall be aiven to a director for his services
except by a vote of the stockholders, in a general meeting.
Meting of SEC. 8. Be it further enacted. That the president and direc.
atockbolders tors shall have power to call a general meeting of the stockhol.
ders, for purposes concerning the interest of the company, giv-
ing at least two months notice in the newspaper published at
Key West, or Charleston aforesaid.
SEc. 9. Be it further enacted, That the shares of the cap.
tora, "vtaas ital stock, at any time owned by any individual stockholder,
shall be transferable only on the books of the company, accor-
ding to such rules as may conformably to law, be established in
that behalf, by the president and directors; but all debts actual-
ly due to the company, by a stockholder requesting a transfer,
must be satisfied before such transfer shall be made.
SEC. 10. Be it further enacted. That the dividends of the
profits of the company, or so much of the said profits, as shall
be deemed expedient and proper, shall be declared half yearly
in the second week in January, and July, in each yeai ; the
4ivi'oads. amount of said dividend to be from time to time determined by
tec president and directors, and in no case to exceed the amount
of the nett profits, actually acquired by the company, so that
the capilal stock of said company shall never be impaired by
SEC. 11. Be it further enacted, That If the said directors
Responsibility shall at any time wilfully and knowingly make, or declare, any
pf directors. dividend which shall impair the said capital stock, all the direc-
tors present at the making or declaring said dividend, and con-
senting thereto, shall be liable in their individual capaciines to
the company for the amount, or proportion, ofa said capital stock
so divided by the said directors, and each director vho shall be
present, at the making or declaring of such dividend, shall he
deemed to have consented thereto unless he shsll, immediately
enter into writing his dissent on the minutes of the proceeaings
of' the board.
SEc. 12. Be it further enacted, That it any vacancy shall at
vacancie h any time happen among the directo-s, by death, resignation, or
veancies hw otherwise, the rest of the directors, for the time being, or a mi.l.
jority of them, suail elect a director to fill the vacancy.
bsc. 14. Be ii further enacted, That ia case it should at
STM JOHNS AND SAINT AUGUSTINE CANAL COMPANY I9
any time happen, that an election of directors should not be
made on any day, ,hen pliuruant to this act, it oubht to have
been made, the said corporation shall not 1io that cause be
deemed to be dissolved, but it shall be iawtul, on any other :.iy,
to hold. and make an election of directors at a meeting to us
called ir such manner as shall be prescribed by the laws and
ordinances of said corporation.
Passed Feb. 17t1. 1833.
Approved, Feb. 17th, 1833,
Caar. 704 No47. AN ACT to incorporate the St. Johns and St. Augustine
WHEREAs, Auguatus Poujaud, Willam Travers, John A.
Heanck, Elis B. Gould, Andrew Anderson, A. tW. Swasey,
Gabriel W. Perpall, Antonio Alvarez, J. M. Hunson, and others preambW
have associated themselves together, for the purpose o, con-
structing a canal, to connect the waters of the St. Johns river,
with those of the St. Sebastian river, or the harbour of St. Au-
gustine, in the county of St. Johns, and have prayed to be in.
corporate, the better to enable them to effect the object of their
Be it enacted by the Gove-nor and Legislative Council of the
Territory of Florida, That the persons anove named, and all act ofr ines*
others who may be hereafter associated with them, their success. ration
sors, and assigns, shall and are hereby declared to be a body
corporate and politic, by the name and style of the St Johns and
St. Augustine Canal Compuny, with all the rights, liberties,
powers, and authorities, incident to, and appertaining to a cor-
poration, body politic, or natural person, and by the said name
and style, ndy sue and be sued, plead and be impleaded, defend
and be defended, answer and be answered unto, in all courts of
judicature whatsoever, may purchase, hold possess, enjoy and
retain, to themselves and their successors forever, real estate,
and personal property of every description, and the same may
grant, sell, alien, mortgage and dispose of, whenever, the inter.
est ot said corporation may render it necessary so to do, may
have and use a common seal, and may destroy, alter and renew
the same at their pleasure, and also ordain, establish. and put
in execution, such by-laws, ordinances, ond regulations as shall
seem necessary and expedient, for the government of said cor-
poration, not being contrary to the constitution or laws of thi
United States, or the laws of this Territory.
S Ec. 2. Be it further enacted, That the capital stock of said
company, shall be twenty thousand dollars, witl the privilege
aft erwirds of increasing ihe same to a sutm aot exceeding fiut
ST. JOHNS AND SAINT AUGUSTINE CANAL COMPANY
tlIShio(nd dollIars. ns .-h;!l b\ thli hoaid of directors, hejeinafter
cantottock provided, be deemed neces: nry :ot th, completion of said ca-
tnnantos l. Snid stck to b d d rv(.(d into share of twenty.tl .dol-
lars each, su i rcriptions for which shall be opened on the first
Nlonday in Niay ntxt in Et. Augustine, under the superintliid-
ence of Andrew Anderson, Antonio Alvijiz,Augu: tis Faujaud,
Elias B. Gould, G. W. Perpall,and John M'. 1 uan:on ; and in
Jacksonville under the superintendency of Isaiah D. Hart, Vjl-
liam J. MIills, John Warien and John L. DIogpett, any three of
whom at each place, shall be sufficient to dis-chrge the duties
required of them, at a which places the books of'subscription shall
be kept open lor sixty days, unless the stock should be sooner
subscribed for, and at the tin-e of subscribing, one per cent. on
each share subscribed, silall be paid, and nine per cent. within
one year thereafter, and the balance to be paid at lth discretion
ot thie board of directors : Provided, that no inslnh,,ent shall
be required to be paid after the second, unless thirty days no-
tice thereof shall be previously given in a newspaper printed in
St. Augustine. or by pcrting in tour of the most public places
in said city, and that not more than ten per cent. shall be requi-
red at any time within one year, and if stock to the amount of
twenty thousand dollars, shall not be subscribed for within the
said sixty days, then the said commissioners may keep the said
books of subscription open for such time as the said board of
directors. may think proper, and when said stock to the amount
of said twenty thousand dollars, shall have been subscribed, the
said commissioners shall deliver the said books of subscription
together -ith all monies by them received, to the said board of
directors ; and the duties of the said commissioners shall then
SEC. 3. Be it further enacted, That stock not paid for, ac-
uaecl when for cording to the provisions of this act, shall be forfeited to sa id
feited. company, as h-ball all money which may have been paid thereon.
E< 4. Be it further enacted, That the property and conn.
cerns of the said company shall be managed and conducted by
a board ol twelve directors, to consist until a regular election
property how by the stockholders as 'hereinafter directed of the fill.oing per-
managed. suns to wit : Augustus Paujaud; William Travers, John J. Hen-
drick. Elias B. Gould, Andrew Anderson, A. G. Swasey. G.
'". Perpall, Antonio Alv.rez, John M. Hanson, Antonio Triny,
Peter Henet, and George Colee, with power to elect hy ballot,
one ot their number, to be the president of said board, and the
said president and directors, shall respectively hold their offices
until the first Monday in January next.
S.c. 5. Beit further enacted, That an election by the stock-
(lection of di- holders ot said company, shall be held in said city, on the first
records. 1Monday in January of each and every successive year, for the
chotic of' twelve directors, to constitute said board ot directors.
,of which election, and the place of holding the same in said
3r. xnflst *ft sT. AUGUSTINE CANAL COMPANY 941
city ; public notice, shall be given in some newspaper printed
in said city, or by posting the said notice at lour public places
therein, ut least twenty days previously thereto, and evry-such
election shall be holden under the inspection oftthree stockhol-
ders, to be appointed for that purpose by. the board of ditectogs,
and each and every stockholder, shall have one vote for eveCy
share he may own, and possess, not exceedinr ten, one vote for
any two shares over ten, and not exceeding twenty, and one
vote fcr every four shares over twenty, but no stockholder shall
be entitled to more'than fifty votes, whatever may be the amount
of his stock, any stockholder may vote by his authorised attor-
ney or agent, and all votes shall be given by ballot, the +twelve,
persons receivirng the greatest number of votes, at such elec-
tion, shall be duly elected, but no person shall be eligible to the-
office of director, who does not own and possess at loas~ten'
shares of said stock.
SEc. 6. And be it further enacted, That the directors so oho- Directors.t
sen, shall meet as soon ae may be aftersuch -*eetibn, and by choose one of
their n m ber
ballot shall elect bne of their number to be their president,' who preid ent.
shall preside for one year, and until another shtrll'be chosen,
aid in case of the death, resignation, refusal or.inability otf any
director to serve, such vacancy or vacancies, may-befilled'lbr
the remainder-of the year, by the saiJ board of directors, and
in case it should at any time happen, that an election direc-
tors should not be made, o'any day, when pursuant to this act,
it ought tp.have been made, the said corporation-shall not *a
such manner as may be regulated by the by-laws- and ordinan-
ces oi' the said corporation: Provided, that if from any circeam
stance, the said election should not be held, the board of direc-
tors, then in office shall continue until their succe~sors shall be
elected, and qualified. *
SEc. 7. He it further enacted, That whenever in 4ie opinion
of said board of director, it shalt become necessary, int' otdeir X*ek may ke
to compliCt said canal, to increase the capital stoa.k Of said
company beyond twftty thousand d,6lars, ;as' provided"irnthh
second secttM6 of thisakt, ii'ftay andi.shall'be4arfit tBr said
board, at suciftimne tU aU ee as they may'deterrnifw, and pt-.
licl) appoiiktlo 'bprn efmlWt*eo -bespened;, btoksafor+he par-
pose of receidrig additfal' subsctipiiens'tO bb made arntto'be
received in such 4itanerkand upon such cetiditons as said board
shall previously dir- iftd';tfeadrilb : be it4s 'hereby directed
and provided, that by sruch additional ssheaittionst the capital
stock bf 'iaid c6hripakhyjr4"tW tbecfrea(etHi tek whole, to -a
sum exceeding fitty'hdStlhd est.'andhtlt idrcase the sub.
scriptibs shall ekifeelthbT ii'itW stockA ~dti4Nt,*a at subsqlip.
iionis by stockhioders .hali'alwaysBdve, pr~trece,'and ba6h
twigintl stockholders 'if4Ws -eledt, at thlBtimniEf-malhikag
98 sT. JONBS AND ST. AtQUSTINE CAMLA OOMPDPY
additional subscription, shall he entitled to additional stock.
bearing the same proportion to his original stock, as thirty is to
SEc. Be it further enacted, That the stock of said cor.
'tok assigna- portion shall be assignable and transferable, according to such
NO rules as the board of directors shall make and establish.
SECI 9. e it further enacted, That the board of directors
shall have power to appoint such officers under them, as may be
officers how aP necessary to fix their compensation, to prescribe their duties,
pointed and require security for the faithful performance thereof, to dis-
place such persons, and employ others when in their opinion the
interest of the corporation may require it.
SEC. 10. Be it further enacted, That in accomplishing the
May take pos object, for which said company is incorporated, it shall and may
ae..ionoflands be lawful for said company, by the board of directors, or their
*te. properly authorised agent, to enter upon and take possession of
any lands, whatsoever, whether the same be covered with water
or not, not being the property of the United States, which may
be necessary to the prosecution and completion of the works
contemplated in thisact, or through which it may be necessary
to cut or excavate the said canal, or whereupon it may be ne.
cessary to construct any damn embankment, lock. or other fix-
ture, or on which it may be necessary to make or construct any
road. connected with, and appertaining to the navigation of said
canal, or other object intended or implied by this act: Provided
that no lands owned by private individuals, shall be taken for
said purpose, without adequate compensation, being first made
to the owner.
SEc. 11. Be it further enacted, That it shall be lawful for
the said board of directors, or their properly authorised agent,
compensation to take from any land most convenient to their works, and at ah
Individuals. times such timber, stone, earth, and other materials, as may be
necessary for the construction of, and keeping in repair said
works, and improvements: Provided, that nothing belonging
to private individuals, shall be taken or used, without permission
in writing, being first obtained, or just and adequate compensa.
tion being made in default of such permission.
SEc. 12. Be it further enacted, That whenever it shall be
necessary for the said company, to tak possession of and use
writ ofad quod any land, timber, stone, or other materials, owned by private
damnemn when individuals, upon and for the route and site of the said canal,
-issued. or of the u orks appurtenant thereto, dr for the construction and
keeping in repair the same or any part thereof, and the said owo.
er or owners do not convey or give previous permission iaW 11r
ting, to take and use the same, or do not agree with said eqppar
my upon the value of the same, it shall and may be lawful for
the ooard of directors, or their properly authorised agent, to
apply to the judge af the county court of the county in which
ateh lands, timber, stone, or other raterials lie, for a writ of